Hersey v. Allstate Fire and Casualty Insurance Company, 3:17-cv-804-J-32JBT. (2017)
Court: District Court, M.D. Florida
Number: infdco20171208c43
Visitors: 19
Filed: Dec. 07, 2017
Latest Update: Dec. 07, 2017
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on the Defendant Allstate Fire and Casualty Insurance Company's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law in Support Thereof (Doc. 3). On November 2, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 14) recommending that Count I be dismissed without prejudice to be re-filed fourteen days after the issuance of this Order and that Count II be d
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on the Defendant Allstate Fire and Casualty Insurance Company's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law in Support Thereof (Doc. 3). On November 2, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 14) recommending that Count I be dismissed without prejudice to be re-filed fourteen days after the issuance of this Order and that Count II be di..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on the Defendant Allstate Fire and Casualty Insurance Company's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law in Support Thereof (Doc. 3). On November 2, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 14) recommending that Count I be dismissed without prejudice to be re-filed fourteen days after the issuance of this Order and that Count II be dismissed without prejudice. No party has filed an objection to the Report and Recommendation, and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a). Upon de novo review of the file and for the reasons stated in the Report and Recommendation (Doc. 14), it is hereby
ORDERED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 14) is ADOPTED as the opinion of the Court.
2. Defendant's motion to dismiss (Doc. 3) is GRANTED to the extent that:
a. Count I is DISMISSED without prejudice subject to refiling via an amended complaint.
b. Count II is DISMISSED without prejudice subject to refiling in a separate action if the bad faith claim ripens.1
3. Not later than January 8, 2018, Plaintiff shall file an amended complaint in accordance with the Report and Recommendation.
FootNotes
1. In adopting the Report and Recommendation that dismissal without prejudice of the bad faith claim, as opposed to abatement, is appropriate here, the Court does not foreclose the possibility that abatement might be appropriate in different circumstances.
Source: Leagle
