Swientisky v. American States Insurance Company

Filing 9

ORDER (memorandum filed previously as separate docket entry). (A) The Motion of Defendant to Dismiss and/or Strike Portions of Plaintiffs Complaint Pursuant to F.R.C.P. 12(b)(6) and Rule 12(f), or in the Alternative, for a More Definite Statement Pur suant to F.R.C.P. 12(e) 3 is GRANTED in part and DENIED in part as follows: (1) The allegations in Paragraphs 19, 29, and 37(i) stating that Defendant owed a fiduciary duty to Plaintiff are STRICKEN from the Complaint as unopposed. (2) The requests for attorneys fees in the ad damnum clauses are STRICKEN from the Complaint as unopposed. (3) The claim for statutory violations in Count II of the Complaint is DISMISSED. (4) The Motion is DENIED in all other respects. (B) Defendant SHALL file its Answer to the Complaint within twenty-one (21)days from the date of entry of this Order.Signed by Honorable A. Richard Caputo on 8/8/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MATTHEW SWIENTISKY,
Plaintiff,

NO. 3:18-CV-1159

v.

(JUDGE CAPUTO)

AMERICAN STATES INSURANCE
COMPANY d/b/a SAFECO
INSURANCE, A LIBERTY
MUTUAL COMPANY,
Defendant.
ORDER
NOW, this 8th day of August, 2018, IT IS HEREBY ORDERED that:
(A)

The Motion of Defendant to Dismiss and/or Strike Portions of Plaintiff’s
Complaint Pursuant to F.R.C.P. 12(b)(6) and Rule 12(f), or in the Alternative,
for a More Definite Statement Pursuant to F.R.C.P. 12(e) (Doc. 3) is
GRANTED in part and DENIED in part as follows:
(1)

The allegations in Paragraphs 19, 29, and 37(i) stating that Defendant
owed a fiduciary duty to Plaintiff are STRICKEN from the Complaint as
unopposed.

(2)

The requests for attorney’s fees in the ad damnum clauses are
STRICKEN from the Complaint as unopposed.

(3)

The claim for “statutory violations” in Count II of the Complaint is
DISMISSED.

(4)
(B)

The Motion is DENIED in all other respects.

Defendant SHALL file its Answer to the Complaint within twenty-one (21)
days from the date of entry of this Order.
A. Richard Caputo
A. Richard Caputo
United States District Judge