Opinion
Civil Action 21-5174
04-11-2022
NADIA MOHAMED, Plaintiff, v. PROGRESSIVE ADVANCED INSURANCE COMPANY, Defendant.
ORDER
GERALD J. PAPPERT, J.
AND NOW this 11th day of April 2022, upon consideration of Plaintiff Nadia Mohamed's motion for leave to file an Amended Complaint (ECF 13) and Defendant Progressive Advanced Insurance Company's response (ECF 15), which does not oppose the motion, it is ORDERED that the motion is GRANTED and Mohamed may proceed on her Amended Complaint.
The proposed Amended Complaint was uploaded to the Court's Electronic Case Filing system with its pages out of sequential order with exhibits randomly interspersed through the pleading. See (ECF 13 at ECF p. 8-10, and ECF 13-1 at ECF p. 46-51, and 56-64.)
It is FURTHER ORDERED that Progressive's motion to dismiss Mohamed's Complaint (ECF 4) is DENIED as moot.
Consistent with the accompanying memorandum of law, it is STILL FURTHER ORDERED that, because Mohamed is proceeding in forma pauperis, her Amended Complaint is subject to screening under 28 U.S.C. § 1915(e)(2)(B)(ii) and her bad faith (Count I), “contractual breach of implied covenant of good faith” (Count III) and intentional infliction of emotional distress (Count IV) claims are DISMISSED for failure to state a claim. 1
Mohamed may amend her claims for bad faith and intentional infliction of emotional distress to the extent she is able to allege facts sufficient to state a plausible claim for relief. She shall file any Second Amended Complaint on or before Friday, April 29, 2022. 2
If Mohamed does not file a Second Amended Complaint by then, this case will proceed only with respect to the breach of contract claim set forth in Count II of the Amended Complaint.