CHAMP v. USAA CASUALTY INSURANCE COMPANY, No. 5:2020cv01238 - Document 8 (E.D. Pa. 2020)

Court Description: ORDER OF 4/7/20 THAT USSAA'S PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE ECF NO. IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. USAA'S PARTIAL MOTION TO DISMISS IS GRANTED. CHAMP'S BAD FAITH CLAIM IS DISMISSED WITHOUT PREJUDIC E, WHILE HIS REQUEST FOR ATTORNEYS FEES IS DISMISSED WITH PREJUDICE AS AMENDMENT WOULD BE FUTILE. USAA'S MOTION TO STRIKE IS DENIED. CHAMP SHALL HAVE THIRTY DAYS UNTIL MAY 7, 2020, TO AMEND HIS COMPLAINT IN ACCORDANCE WITH THIS ORDER AND OPINION. IF CHAMP FAILS TO FILE AN AMENDED COMPLAINT, THE CASE WILL PROCEED ON COUNT ONE ONLY OF THE COMPLAINT. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/7/20. 4/7/20 ENTERED AND COPIES E-MAILED.(DT)

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CHAMP v. USAA CASUALTY INSURANCE COMPANY Doc. 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ MICHAEL CHAMP, : Plaintiff, : : v. : : USAA CASUALTY INSURANCE : COMPANY, : Defendant. : ____________________________________ No. 5:20-cv-01238 ORDER AND NOW, this 7th day of April, 2020, upon consideration of USAA’s partial motion to dismiss and motion to strike, ECF No. 5, and for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT: 1. USAA’s partial motion to dismiss and motion to strike, ECF No. 5, is GRANTED in part and DENIED in part as follows: a. USAA’s partial motion to dismiss is GRANTED. Champ’s bad faith claim is dismissed without prejudice, while his request for attorney’s fees is dismissed with prejudice as amendment would be futile. b. USAA’s motion to strike is DENIED. 2. Champ shall have thirty days, until May 7, 2020, to amend his complaint in accordance with this Order and Opinion. 3. If Champ fails to file an amended complaint, the case will proceed on Count One, only, of the Complaint. BY THE COURT: /s/ Joseph F. Leeson, Jr._______ JOSEPH F. LEESON, JR. United States District Court 1 040620 Dockets.Justia.com

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