Machado v. Safeco Insurance Company of America et al

Filing 20

ORDER (memorandum filed previously as separate docket entry), GRANTING in part /DENYING in part 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) ; remaining in the case are Count I, Bad Faith and Count IV, Breach of Contract.Signed by Honorable James M. Munley on 4/7/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SABLE ANGELICA MACHADO, Plaintiff : No. 3:16cv1685 : : (Judge Munley) v. : : SAFECO INSURANCE COMPANY : OF ILLINOIS and : JOHN DOES 1-10, : Defendants : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 7th day of April 2017, that defendants’ motion to dismiss (Doc. 7) is hereby GRANTED in part and DENIED in part as follows: The motion to dismiss is granted with regard to Count III and with regard to punitive damages and attorney’s fees under Count IV. The motion to dismiss “costs” as a remedy from Count IV is denied. The following counts are dismissed because the plaintiff concedes that they should be dismissed: Count V, breach of fiduciary duty; Count IINegligence; and claims for attorney’s fees and punitive damages in Counts II and IV. Remaining in the case are Count I, Bad Faith and Count IV, Breach of Contract. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court 2

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