Barnard v. Liberty Mutual Insurance Corporation, 3:18-CV-1218. (2018)
Court: District Court, M.D. Pennsylvania
Number: infdco20181218756
Visitors: 27
Filed: Dec. 12, 2018
Latest Update: Dec. 12, 2018
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 12 th DAY OF DECEMBER, 2018, upon review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 41) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 41) is ADOPTED for the reasons set forth therein. 2. Defendant's Motion to Dismiss Counts I and II of Plaintiff's Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 13) is GRANTED IN PART AND DENIED I
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 12 th DAY OF DECEMBER, 2018, upon review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 41) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 41) is ADOPTED for the reasons set forth therein. 2. Defendant's Motion to Dismiss Counts I and II of Plaintiff's Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 13) is GRANTED IN PART AND DENIED IN..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 12th DAY OF DECEMBER, 2018, upon review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 41) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 41) is ADOPTED for the reasons set forth therein.
2. Defendant's Motion to Dismiss Counts I and II of Plaintiff's Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 13) is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendant's motion to dismiss Count I is DENIED.
b. Defendant's motion to dismiss Count II is GRANTED. Count II of Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE.
3. Plaintiff is granted leave to file a Second Amended Complaint within 21 days of the date of this Order to address the pleading deficiencies identified in the R&R.
4. This action is REMANDED to Magistrate Judge Carlson for further pretrial proceedings in accordance with this Court's November 6, 2018 Order (Doc. 36).
Source: Leagle
