Opinion
Civil Action 22-558
07-27-2022
ISIAH A. JONES, III, Plaintiff v. GEICO CHOICE INSURANCE COMPANY, Defendant MICHAEL PURCELL, JR., Plaintiff v. GEICO CASUALTY COMPANY, Defendant
ORDER
GENE E.K. PRATTER, UNITED STATES DISTRICT JUDGE.
AND NOW, this 27th day of July, 2022, upon consideration of Plaintiff Isiah Jones, Ill's Complaint (Case No. 22-558, Doc. No. 1-1), Defendant GEICO Choice Insurance Company's Motion to Dismiss (Case No. 22-558, Doc. No. 6), Mr. Jones's Response in Opposition (Case No. 22-558, Doc. No. 9), GEICO's Reply (Case No. 22-558, Doc. No. 12), Mr. Jones's Sur-Reply (Case No. 22-558, Doc. No. 13), Plaintiff Michael Purcell, Jr.'s Complaint (Case No. 22-825, Doc. No. 1-1), Defendant GEICO Casualty Company's Motion to Dismiss (Case No. 22-825, Doc. No. 7), Mr. Purcell's Response in Opposition (Case No. 22-825, Doc. No. 8), GEICO's Reply (Case No. 22-825, Doc. No. 11) and Mr. Purcell's Sur-Reply (Case No. 22-825, Doc. No. 12) it is hereby ORDERED that:
1. GEICO's Motions to Dismiss (Case No. 22-558, Doc. No. 6; Case No. 22-825, Doc. No. 7) are GRANTED;
2. Mr. Jones's and Mr. Purcell's Complaints (Case No. 22-558, Doc. No. 1-1; Case No. 22-825, Doc. No. 1-1) are DISMISSED WITHOUT PREJUDICE; and
3. If either Mr. Jones or Mr. Purcell wishes to seek leave to amend his complaint, he must FILE a motion seeking leave to file an amended complaint within 30 days of this Order; after 30 days, this case will be dismissed for failure to prosecute.
“[T]o request leave to amend a complaint, the plaintiff must submit a draft amended complaint to the court so that it can determine whether amendment would be futile.” Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 252 (3d Cir. 2007).