Collings v. State Farm Fire & Cas. Co.

Full title: CHARLES COLLINGS, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY…

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

Date published: Apr 29, 2022

Civil Action 2:22-cv-0057 (E.D. Pa. Apr. 29, 2022)

Opinion

Civil Action 2:22-cv-0057

04-29-2022

CHARLES COLLINGS, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

MICHAEL M. BAYLSON, U.S.D.J.

ORDER RE: DEFENDANT'S PARTIAL MOTION TO DISMISS COMPLAINT AND MOTION TO STRIKE

MICHAEL M. BAYLSON, U.S.D.J.

AND NOW, this 28^th day of April 2022, upon consideration of Plaintiff's Complaint (ECF 1-A), Defendant's Partial Motion to Dismiss and Motion to Strike (ECF 3), Plaintiff's Response in Opposition (ECF 5), and Defendant's Reply (ECF 6), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that:

• Defendant's Partial Motion to Dismiss Count II is GRANTED without prejudice;

• Defendant's Motion to Strike Plaintiff's requests for Attorneys' Fees and Punitive Damages in Count I is GRANTED without prejudice;

• Defendant's Motion to Strike Plaintiff's allegations regarding Defendant's purported contractual duties is DENIED; and

• Defendant's Motion to Strike Plaintiff's request for compensatory damages in Count III is GRANTED as unopposed.

Plaintiff may file an amended complaint within fourteen (14) days of the date of entry of this Order.