Sayles v. Allstate Insurance Company

Filing 36

ORDER granting in part and denying in part 10 Motion to Dismiss for Failure to State a Claim. Defendant's Motion to Dismiss Counts I and II is DENIED. Defendant's Motion to Dismiss Counts III, V, VI, VII and VIII is GRANTED. These Coun ts are DISMISSED with prejudice. Defendant's Motion to Dismiss Count IV is GRANTED. Count IV is DISISSED without prejudice. Plaintiff has 21 days from the date of entry of this Order to file an Amended Complaint to properly plead a bad faith claim against Defendant; otherwise, the claim will be dismissed with prejudice. Signed by Honorable A. Richard Caputo on 5/10/17 (jam)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SAMANTHA SAYLES, individually and on behalf of all others similarly situated, CIVIL ACTION NO. 3:16-CV-01534 Plaintiffs, (JUDGE CAPUTO) v. ALLSTATE INSURANCE COMPANY, Defendant. ORDER NOW, this 10th day of May, 2017, IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Allstate Insurance Company (Doc. 10) is GRANTED in part and DENIED in part. (1) Defendant’s Motion to Dismiss Counts I and II is DENIED. (2) Defendant’s Motion to Dismiss Counts III, V, VI, VII, and VIII is GRANTED. These Counts are DISMISSED with prejudice. (3) Defendant’s Motion to Dismiss Count IV is GRANTED. Count IV is DISMISSED without prejudice. Plaintiff has twenty-one (21) days from the date of entry of this Order to file an Amended Complaint to properly plead a bad faith claim against Defendant; otherwise, the claim will be dismissed with prejudice. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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