Opinion
Civil Action 22-cv-04530-RAL
09-13-2023
DONALD LITMAN et al Plaintiffs, v. GEICO CASUALTY COMPANY Defendant.
ORDER
Honorable Richard A. Lloret, United States Magistrate Judge
AND NOW, this 13th day of September 2023, upon consideration of Defendant's Motion to Dismiss (Doc. No. 36), Plaintiffs' Response (Doc. No. 37), and Defendant's Reply (Doc. No. 38), it is hereby ORDERED, as follows:
1. Defendant's Motion to Dismiss Plaintiff's Amended Complaint is GRANTED;
2. Count II and Count III of Plaintiffs' Amended complaint are dismissed, without prejudice;
3. Plaintiffs' request for punitive damages related to Count I is dismissed;
4. Plaintiffs shall have until September 27, 2023, to file an amended complaint.
5. A responsive pleading or motion under Fed. R. Civ. Pro. 12(b) or (c) must be filed by October 11, 2023.
6. If Defendant files a motion to dismiss, Plaintiffs' Response will be due October 25, 2023, and Defendant's optional Reply shall be due by November 8, 2023.