Kirschner v. State Farm Fire & Cas. Co.

Full title: MATTHEW KIRSCHNER, et al., Plaintiffs, v. STATE FARM FIRE AND CASUALTY…

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

Date published: Oct 31, 2023

Civil Action 23-993 (E.D. Pa. Oct. 31, 2023)

Opinion

Civil Action 23-993

10-31-2023

MATTHEW KIRSCHNER, et al., Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 31^st day of October, 2023, upon consideration of Defendant's Motion to Dismiss and/or Strike (Doc. No. 10) and Plaintiffs' Response (Doc. No. 11), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:

1. Defendant's Motion to Strike is GRANTED as to: (a) Plaintiffs' demand for attorneys' fees as set forth in Counts I-V; (b) paragraphs 5 and 50(o), and (c) Plaintiffs' demand for emotional distress damages in paragraph 52. The Motion is DENIED in all other respects.

2. Defendant's Motion to Dismiss is GRANTED as to Count V of the Complaint. The Motion is DENIED in all other respects.

It is further ORDERED that within fourteen (14) days from the date of this Order, Defendant shall file an answer to the remaining portions of the Complaint.