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)

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