Opinion
Civil Action 24-1011
05-21-2024
ORDER
KEARNEY, J.
AND NOW, this 21st day of May 2024, following reassignment (ECF No. 9), studying Defendant's Motion to partially dismiss the insured's bad faith and unfair trade practices claims (ECF No. 7). Plaintiffs Response (ECF No. 8) agreeing not to contest dismissal of the unfair trade practices claim without prejudice, and for reasons in today's accompanying Memorandum, it is ORDERED Defendant's Motion (ECF No. 7) is GRANTED requiring:
1. We dismiss the insured's bad faith and unfair trade practices claims without prejudice to plead facts in an amended Complaint filed consistent with our Order setting obligations entered after our initial case management conference set in today's Order; and,
2. Defendant file an Answer to the remaining breach of contract claim in the Complaint (ECF No. 1-1) no later than June 4,2024.