Opinion
CIVIL ACTION NO. 19-3128
04-22-2020
JUDITH and FERNANDO VELAZQUEZ Plaintiffs v. STATE FARM FIRE AND CASUALTY COMPANY Defendant
ORDER
AND NOW, this 22nd day of April 2020, upon consideration of the Report and Recommendation issued by the Honorable Lynne A. Sitarski, United States Magistrate Judge (the "Magistrate Judge"), [ECF 26], to which no objections were filed, and after a careful review of the parties' briefs and exhibits, it is hereby ORDERED that the Report and Recommendation is APPROVED and ADOPTED. Accordingly, Defendant's motion to dismiss the amended complaint, [ECF 19], is GRANTED, as follows:
Defendant's motion to dismiss the amended complaint was referred to the Magistrate Judge for a Report and Recommendation (the "R&R"), which was submitted on March 27, 2020. [ECF 26]. As noted, no objections were filed to the R&R. Thus, after carefully reviewing the parties' briefs and exhibits, and giving "reasoned consideration to the magistrate's report before adopting it as the decision of the court," Long v. Astrue, 2010 WL 3155250, at *2 (E.D. Pa. Aug. 2, 2010) (quoting Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)), the thoroughly well-reasoned R&R is approved and adopted. This Court concurs with the R&R's findings that Plaintiffs have failed to allege sufficient facts to state a claim, but that amended allegations would not necessarily be futile, except as to Plaintiffs' claims under the Unfair Insurance Practices Act, 40 Pa. Stat. §§ 1171.1 et seq. (Counts II and VIII), and the Unfair Claims Settlement Practices regulations, 31 Pa. Code §§ 146.1 et seq. (Counts VI and XII). --------
1. Counts I, III, IV, V, VII, IX, X, and XI, are DISMISSED, without prejudice. Plaintiffs may file a second amended complaint to support the claims asserted at these counts.
2. Counts II, VI, VIII, and XII, are DISMISSED, with prejudice.
Should Plaintiffs wish to file a second amended complaint, they must do so by no later than May 12, 2020.
BY THE COURT:
/s/ Nitza I . Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court