YAKUBOV v. GEICO GENERAL INSURANCE COMPANY
Filing
14
MEMORANDUM AND/OR OPINION ORDER THAT MOTION TO DISMISS CLAIMS FOR PUNITIVE DAMAGES AND MISREPRESENTATION FROM THE AMENDED COMPLAINT (DOC. NO.7) IS GRANTED IN PART AND DENIED IN PART. DEFNEDANT'S MOTION TO DISMISS THE MISREPRESENTATION CLAIM IS G RANTED, THE MISREPRESENTATION CLAIM IN COUNT V IS DISMISSED; THE DEFENDANT'S MOTION TO DISMISS THE CLAIM FOR PUNITIVE DAMAGES CONTAINED IN COUNT III IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/24/2011. 10/24/2011 ENTERED AND COPIES E-MAILED (kk, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
GERMAN YAKUBOV,
:
Plaintiff,
:
CIVIL ACTION
:
v.
:
NO. 11-3082
:
GEICO GENERAL INSURANCE CO., :
Defendant.
:
____________________________________:
ORDER
AND NOW, this 24th day of October 2011, upon consideration of Defendant’s Motion to
Dismiss Claims for Punitive Damages and Misrepresentation from the Amended Complaint and
Plaintiff’s response thereto, and for the reasons provided in the accompanying Opinion filed this
day, it is hereby ORDERED that the Motion (Doc. No. 7) is GRANTED in part and DENIED
in part as follows:
1.
Defendant’s motion to dismiss the misrepresentation claim is GRANTED. The
misrepresentation claim in Count V is DISMISSED; and
2.
Defendant’s motion to dismiss the claim for punitive damages contained in Count
III is DENIED without prejudice.
It is so ORDERED.
BY THE COURT:
/s/ Hon. Cynthia M. Rufe
_______________________
HON. CYNTHIA M. RUFE
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