Cutting Edge Tree Professionals, LLC v. State Farm Fire Claims Co.

Full title: CUTTING EDGE TREE PROFESSIONALS, LLC, Plaintiff, v. STATE FARM FIRE CLAIMS…

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

Date published: Jan 4, 2024

Civil Action 23-cv-3197 (E.D. Pa. Jan. 4, 2024)

Opinion

Civil Action 23-cv-3197

01-04-2024

CUTTING EDGE TREE PROFESSIONALS, LLC, Plaintiff, v. STATE FARM FIRE CLAIMS COMPANY and APRIL GRANT, Defendants.

CHAD F. KENNEY, JUDGE.

ORDER

CHAD F. KENNEY, JUDGE.

AND NOW, this 4^th day of January 2024, upon consideration of Defendants' Motion to Dismiss and/or Strike Plaintiff's Complaint (ECF No. 15), Plaintiff's Response to the Motion to Dismiss (ECF No. 16), and Defendants' reply to Plaintiff's Response (ECF No. 17), it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part, as follows:

1. Defendants' Motion (ECF No. 15) is GRANTED as to Counts I and III of the Complaint, and those counts are dismissed with prejudice.

2. Defendants' Motion (ECF No. 15) is DENIED as to Count II of the Complaint against Defendant State Farm Fire and Casualty Company (“State Farm”).¹

1 Defendant State Farm Fire and Casualty Company is incorrectly named in the Complaint, and therefore the case caption, as State Farm Fire Claims Company.

Accordingly, the Clerk of Court is instructed to dismiss Defendant April Grant from this case.

It is further ordered that Defendant State Farm shall file an Answer to Plaintiff's Complaint (ECF No. 1) on or before January 18, 2024.