Opinion
Civil Action 3:22-CV-466
07-28-2023
CHRISTOPHER HENEHAN and LORI HENEHAN, Plaintiffs, v. PENN ANTHRACITE COLLIERS CO., and AMCO INSURANCE COMPANY, d/b/a NATIONWIDE MUTUAL INSURANCE CO., Defendants.
CARLSON, MAGISTRATE JUDGE
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, THIS 28th DAY OF JULY 2023, upon consideration of Magistrate Judge Martin C. Carlson's Report and Recommendation (“R&R”) (Doc. 26) and all relevant documents for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 26) is ADOPTED for the reasons stated therein;
2. Defendant's Motion to Dismiss Counts I and III of the First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(f) (Doc. 18) is GRANTED;
3. Counts I and III of Plaintiffs First Amended Civil Action Complaint (Doc. 17) are DISMISSED WITHOUT PREJUDICE;
4. Plaintiffs may file an amended complaint as set forth in the R&R (Doc. 26 at 18) within fourteen (14) days of the date of this Order.