Hoffman et al v. State Farm Fire and Casualty Company

Filing 10

ORDER: Chief Magistrate Judge Carlson's Report and Recommendation 9 is ADOPTED in full. Defendant's Motion to Dismiss 3 is GRANTED in part and DENIED in part. Insofar as Plaintiff's Claim I is for attorney's fees, it is dismissed, the remainder of Count I remains. Insofar as Plaintiffs' Count II claim is for emotional distress, it is dismissed, the remainder of Count II remains. Signed by Honorable Matthew W. Brann on 1/21/15. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JENNIFER HOFFMAN,
JOSHEWA SINK,
Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY COMPANY,
Defendant.

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Civil Action No. 4:14-CV-1978
(Judge Brann)

(Chief Magistrate Judge Carlson)

ORDER
January 21, 2015
On December 10, 2014, Chief Magistrate Martin C. Carlson filed a report
and recommendation with this Court recommending that Defendant’s Motion to
Dismiss Plaintiffs’ complaint be granted in part and denied in part.
Despite the fact that this Court has de novo review of a report and
recommendation, neither party objected to the Chief Magistrate Judge’s
recommendation, and the time to do so has since passed.
This Court has reviewed in detail the thorough report and recommendation
of the Chief Magistrate Judge, and, finding no error of law, the undersigned will
conserve judicial resources and will not rehash the sound reasoning of the
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magistrate judge.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.

Chief Magistrate Judge Carlson’s December 10, 2014 Report and
Recommendation is ADOPTED in full. ECF No. 9.

2.

Defendant’s October 20, 2014 Motion to Dismiss is GRANTED in
part and DENIED in part.

3.

Insofar as Plaintiffs’ Count I claim is for attorney’s fees, it is
dismissed, the remainder of Count I remains.

4.

Insofar as Plaintiffs’ Count II claim is for emotional distress, it is
dismissed, the remainder of Count II remains.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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