Atl. States Ins. Co. v. Copart, Inc.

Full title: ATLANTIC STATES INSURANCE COMPANY, Plaintiff, v. COPART, INC., Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Jun 30, 2022

5:22-cv-1177 (E.D. Pa. Jun. 30, 2022)

Opinion

5:22-cv-1177

06-30-2022

ATLANTIC STATES INSURANCE COMPANY, Plaintiff, v. COPART, INC., Defendant.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 30^th day of June, 2022, upon consideration of Defendant's Motion to Dismiss, ECF No. 8, Plaintiff's response thereto, ECF No. 9, Defendant's reply in support of its motion, ECF No. 10, and for the reasons set forth in this Court's Opinion issued this date, IT IS HEREBY ORDERED THAT:

1. Defendant's motion, ECF No. 8, is GRANTED in part and DENIED in part as follows:

a. Plaintiff's claims brought in subrogation, as well as its direct claims for breach of contract (Count I), bailment (Count III), breach of implied contract (Count IV), promissory estoppel (Count V), and conversion (Count VI) are DISMISSED without prejudice. Defendant's motion to dismiss these counts is GRANTED.

b. Plaintiff's claim for negligence (Count II) may proceed as pleaded. Defendant's motion to dismiss this count is DENIED.

2. Plaintiff is granted leave to amend its Complaint no later than July 19, 2022.