Trachtman v. The Mut. Life Ins. Co. of N.Y.

Full title: MARK TRACHTMAN, Plaintiff, v. THE MUTUAL LIFE INSURANCE COMPANY OF NEW…

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

Date published: Jan 3, 2024

5:23-cv-232 (E.D. Pa. Jan. 3, 2024)

Opinion

5:23-cv-232

01-03-2024

MARK TRACHTMAN, Plaintiff, v. THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE

AND NOW, this 3^rd day of January 2024, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:

1. The Motion to Dismiss Count III of Plaintiff's First Amended Complaint, see ECF No. 14, is GRANTED. Count III is DISMISSED without prejudice;

a. Within twenty (20) days of the date of this Order, Plaintiff may file an amended complaint as to Count III.

b. If Plaintiff fails to timely file an amended complaint, Count III will be dismissed with prejudice and the matter will proceed on Counts I and II only.

2. The Motion to Strike, see ECF No. 14, is GRANTED. Plaintiff's demand for attorney's fees in Count I is STRICKEN from Plaintiff's First Amended Complaint.