Starrett v. Coe et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The recommendations in the R & R are adopted as set forth in the accompanying Memorandum. Defendants' Motion to Dismiss, as converted to a Motion for Partial Summary Judgment with respect to Plaintiff&# 039;s tort claims against Defendans Tyler Moszcienski, David Smith and Heather Smith, is GRANTED. JUDGMENT is entered in favor of Defendants Tyler Moszcienski, David Smith and Heather Smith, and against Plaintiff on Plaintiff's tort claims as to those Defendants. Defendant's Motion to Dismiss 38 Plaintiff's bad faith claims against All State Insurance and Karie Coe is GRANTED. Plaintiff's bad faith claims are dismissed with prejudice. Clerk of Court directed to close case.Signed by Honorable A. Richard Caputo on 8/9/17. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TOM STARRETT,
CIVIL ACTION NO. 3:16-cv-02272
(JUDGE CAPUTO)

Plaintiff,
v.

(MAGISTRATE JUDGE
SAPORITO)

KARIE COE, et al.,
Defendants.
ORDER

NOW, this 9th day of August, 2017, IT IS HEREBY ORDERED that:
(1)

The recommendations in the R&R (Doc. 47) are ADOPTED as set forth in the
accompanying Memorandum.

(2)

Defendants’ Motion to Dismiss (Doc. 38), as converted to a Motion for Partial
Summary Judgment pursuant to Rule 12(d) of the Federal Rules of Civil
Procedure with respect to Plaintiff’s tort claims against Defendants Tyler
Moszcienski, David Smith, and Heather Smith, is GRANTED.

(3)

Judgment is ENTERED in favor of Defendants Tyler Moszcienski, David Smith,
and Heather Smith and AGAINST Plaintiff on Plaintiff’s tort claims as to those
Defendants.

(4)

Defendants’ Motion to Dismiss (Doc. 38) Plaintiff’s bad-faith claims against
Defendants Allstate Insurance and Karie Coe is GRANTED. Plaintiff’s badfaith claims are DISMISSED with prejudice.

(5)

The Clerk of Court is directed to mark this case as CLOSED.

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