Richard v. Finance of America Mortgages, LLC, 3:18-CV-559. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20190514580
Visitors: 8
Filed: May 03, 2019
Latest Update: May 03, 2019
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 3rd DAY OF MAY, 2019, upon de novo review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 78), and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT: 1. Plaintiff Objections (Doc. 82) are OVERRULED. 2. The R&R (Doc. 78) is ADOPTED as follows: a. The Court ADOPTS the R&R's recommendation that Defendant QBE Insurance Corporation's ("QBE's") motion to dismiss
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 3rd DAY OF MAY, 2019, upon de novo review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 78), and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT: 1. Plaintiff Objections (Doc. 82) are OVERRULED. 2. The R&R (Doc. 78) is ADOPTED as follows: a. The Court ADOPTS the R&R's recommendation that Defendant QBE Insurance Corporation's ("QBE's") motion to dismiss ..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 3rd DAY OF MAY, 2019, upon de novo review of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 78), and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. Plaintiff Objections (Doc. 82) are OVERRULED.
2. The R&R (Doc. 78) is ADOPTED as follows:
a. The Court ADOPTS the R&R's recommendation that Defendant QBE Insurance Corporation's ("QBE's") motion to dismiss (Doc. 75) be granted with leave to amend with respect to Plaintiffs claim against QBE.
b. The Court also ADOPTS the R&R's recommendation that Defendant Great American Assurance Company's ("Great American's") motion to dismiss (Doc. 44) be granted with prejudice with respect to Plaintiffs claims against Great American.
3. Defendant QBE's motion to dismiss for failure to state a claim (Doc. 75) is GRANTED, and Plaintiffs claim against QBE is DISMISSED WITHOUT PREJUDICE. Defendant QBE's previous motion to dismiss (Doc. 47) is DENIED AS MOOT.
4. Defendant Great American's motion to dismiss for failure to state a claim (Doc. 44) is GRANTED, and Plaintiff's claims against Great American are DISMISSED WITH PREJUDICE.
5. Plaintiff is granted leave to amend his Complaint within twenty-eight (28) days from the date of this Order to set forth proper claims for breach of contract against QBE. Failure to amend the Complaint with respect to Plaintiff's claim against QBE may result in dismissal of this action with prejudice with respect to QBE.
6. As this case was previously referred to Magistrate Judge Carlson "for the purpose of conducting all pre-trial proceedings and issuing rulings or Reports and Recommendations on all pre-trial motions, in accordance with 28 U.S.C. § 636(b)," (Doc. 66), this case is REMANDED to Magistrate Judge Carlson for further proceedings.
Source: Leagle
