Opinion
Civil Action 23-4075-KSM
02-12-2024
MICHAEL YAUGER and DAWN YAUGER, h/w, Plaintiffs, v. MID-CENTURY INSURANCE COMPANY, Defendant.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW this 12th day of February, 2024, upon consideration of Defendant's Motion to Dismiss Counts II and III (Doc. No. 9), and Plaintiffs' response (Doc. No. 20), and for the reasons set forth in the accompanying Memorandum, it is ORDERED that:
1. The motion to dismiss Counts II and III is GRANTED.
2. Counts II and III of the Complaint are DISMISSED WITHOUT PREJUDICE.
3. By March 4, 2024, Plaintiffs may, consistent with the Memorandum, file an amended complaint reasserting their claims with additional factual allegations to support Counts II and III. If Plaintiffs fail to timely file an amended complaint, the case will proceed on Count I of the Complaint (see Doc. No. 1).
IT IS SO ORDERED.