SCHMITT et al v. STATE FARM INSURANCE COMPANY

Filing 35

MEMORANDUM ORDER granting 23 defendant's Motion for Partial Summary Judgment and judgment is entered in favor of defendant and against plaintiffs on plaintiffs' statutory bad faith claim. Further ordered that 32 Report and Recommendation of Judge Lenihan is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 9/16/11. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ERIN D. SCHMITT, and,
JEFFREY C. SCHMITT,
Plaintiffs,

v.
STATE FARM INSURANCE CO.,
Defendant.

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2:09cv1517
Electronic Filing
Judge Cercone
Chief Magistrate Lenihan
ECF Nos. 23, 32

MEMORANDUM ORDER
The Complaint in the above captioned case was filed in the Court of Common
Pleas of Allegheny County, Pennsylvania on or about October 15, 2009. Subsequently,
this action was removed to this Court by Defendant on November 13, 2009, and was
referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in
accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of
Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 32), filed on
August 12, 2011, recommended that the Motion for Partial Summary Judgment filed by
Defendant State Farm Insurance Company (ECF No. 23) be granted as to Plaintiffs'
claim of statutory bad faith and that judgment be entered in favor of Defendant State
Farm Insurance Company on that claim. Service was made on all counsel of record.
The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C.
§ 636(b)(1 )(8) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had

fourteen (14) days to file any objections.

Plaintiffs filed objections to the Report and

Recommendation (ECF No. 33) on August 26,2011, and Defendant filed a Response in
Opposition to Plaintiffs' Objections to the Report and Recommendation (ECF No. 34) on
September 9,2011.
After review of the pleadings and documents in the case, together with the
Report and Recommendati~nd objections thereto, the following Order is entered:

AND NOW, this

J.!-. day of September, 2011,

IT IS HEREBY ORDERED that the Motion for Partial Summary Judgment filed by
Defendant State Farm Insurance Company (ECF No. 23) is GRANTED.

IT IS FURTHER ORDERED that judgment is entered in favor of Defendant and
against Plaintiffs on Plaintiffs' statutory bad faith claim.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 32)
of Chief Magistrate Judge Lenihan, dated August 12, 2011, is adopted as the opinion of
the Court.

DAVID STEWART CERCONE
United States District Judge

cc:

Kevin M. Miller, Esquire
Daniel L. Rivetti, Esquire
Mark A. Martini, Esquire

(Via CMIECF Electronic Mail)