Dolan et al v. PHL Variable Insurance Company et al

Filing 55

ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 45 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim. Plaintiffs have 21 days to file an Amended Complaint; otherwise the Complaint will be dismissed with prejudice. See Order for specific details. Signed by Honorable A. Richard Caputo on 11/22/16 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIMOTHY DOLAN, et al.,
CIVIL ACTION NO. 3:15-cv-01987

Plaintiffs,

(JUDGE CAPUTO)

v.
PHL VARIABLE INSURANCE CO., et al.,
Defendants.

ORDER
NOW, this 22 day of November, 2016, IT IS HEREBY ORDERED that:
Defendants’ Motions to Dismiss (Docs. 15, 33, 45) Plaintiffs’ Complaint (Doc. 1) are
GRANTED in part and DENIED in part as follows:
(a)
Count I alleging a violation of Unfair Trade Practices and Consumer
Protection Law ("UTPCPL"), 73 P.S. § 201 is DISMISSED without prejudice
as failing to meet the particularity requirement of Fed. R. Civ. P. 9(b).
(b)
Count II alleging a breach of fiduciary duty claim is DISMISSED without
prejudice as failing to meet the particularity requirement of Fed. R. Civ. P.
9(b).
(c)
Count III alleging a negligence claim is DISMISSED without prejudice as
failing to comply with Fed. R. Civ. P. 8(a).
Plaintiffs have twenty-one (21) days from the date of entry of this Order to file a an
Amended Complaint to properly plead their negligence, breach of fiduciary duty, and
UTPCPL claims and to state their claims with respect to each Defendant insurance
company with the requisite specificity; otherwise, those claims, and the Complaint,
will be dismissed with prejudice.
nd

(1)

(2)

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge