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Day v. State Farm Mutual Automobile Insurance Company

United States District Court, M.D. Pennsylvania
Nov 3, 2005
Civil Action No. 1:05-CV-1297 (M.D. Pa. Nov. 3, 2005)

Opinion

Civil Action No. 1:05-CV-1297.

November 3, 2005


ORDER


AND NOW, this 3rd day of November, 2005, upon consideration of the stipulation of dismissal (Doc. 12; see also Doc. 15), signed by plaintiffs and defendant State Farm Mutual Automobile Insurance Company ("State Farm"), averring that claims as against State Farm are dismissed with prejudice, see FED. R. CIV. P. 41(a)(1) ("[A]n action may be dismissed by the plaintiff without order of court . . . by filing a stipulation of dismissal signed by all parties who have appeared in the action."), it is hereby ORDERED that:

1. Plaintiffs' claims against defendant State Farm Mutual Automobile Insurance Company for breach of duty of good faith and fair dealing (count one), breach of contract (count two), unfair trade practices and consumer protection law (count three), unjust enrichment (count five), and promissory estoppel (count six) are DISMISSED with prejudice. See FED. R. CIV. P. 41(a)(1).
2. Plaintiffs' claims against defendant State Farm Mutual Automobile Insurance Company for fraud and misrepresentation (count four), with respect to conduct occurring prior to August 26, 2005, are DISMISSED with prejudice. See FED. R. CIV. P. 41(a)(1).

The complaint also sets forth a claim for "breach of fiduciary duty/unconscionability." (See Doc. 1, Ex. A at 12). However, the parties have not moved for the dismissal of this claim. (See Doc. 15).


Summaries of

Day v. State Farm Mutual Automobile Insurance Company

United States District Court, M.D. Pennsylvania
Nov 3, 2005
Civil Action No. 1:05-CV-1297 (M.D. Pa. Nov. 3, 2005)
Case details for

Day v. State Farm Mutual Automobile Insurance Company

Case Details

Full title:DENNIS D. DAY and KIM L. DAY, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE…

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

Date published: Nov 3, 2005

Citations

Civil Action No. 1:05-CV-1297 (M.D. Pa. Nov. 3, 2005)