Debree v. Liberty Mutual Insurance

Filing 33

ORDER ADOPTING 29 REPORT AND RECOMMENDATIONS. Defendant's Motion to Dismiss Count Three of Plaintiff's Complaint 6 is GRANTED. Count III of Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE to Plaintiff's right to amend the Complaint. As Plaintiff submitted an Amended Complaint (Doc. 30) on 3/24/21. the Court deems an Amended Complaint to have been filed. Signed by Honorable Robert D. Mariani on 3/31/21. (jam)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GUSTAVE DEBREE,
Plaintiff,
3:20-CV-247
(JUDGE MARIANI)

V.

AMERICAN STATES
INSURANCE COMPANY
Defendant.
ORDER
The background of this Order is as follows :
On March 31, 2020, Defendant filed a Motion to Dismiss Count Three of Plaintiff's
Complaint (Doc. 6). The motion was subsequently referred to Magistrate Judge Carlson,
who issued a Report and Recommendation (''R&R") (Doc. 29) on March 1, 2021,
recommending that Defendant's motion be granted, but with leave to amend. No party filed
objections to Magistrate Judge Carlson's R&R. However, on March 24, 2021 , Plaintiff filed
an Amended Complaint (Doc. 30).
ACCORDINGLY, THIS 31ST DAY OF MARCH, 2021, upon review of Magistrate
Judge Carlson's R&R (Doc. 29) for clear error or manifest injustice, IT IS HEREBY
ORDERED THAT:
1. The R&R (Doc. 29) is ADOPTED for the reasons set forth therein.

2. Defendant's Motion to Dismiss Count Three of Plaintiff's Complaint (Doc. 6) is

GRANTED. Count Ill of Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE
to Plaintiff's right to amend the Complaint.
3. As Plaintiff submitted an Amended Complaint (Doc. 30) on March 24, 2021, the Court
deems an Amended Complaint to have been filed.

· ni
United States District Judge

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