United States District Court, M.D. Pennsylvania
November 3, 2005.
DENNIS D. DAY and KIM L. DAY, Plaintiffs,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants.
The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge
AND NOW, this 3rd day of November, 2005, upon consideration of
the stipulation of dismissal (Doc. 12; see also Doc. 15),
signed by plaintiffs and defendant State Farm Mutual Automobile
Insurance Company ("State Farm"), averring that claims as against
State Farm are dismissed with prejudice, see FED. R. CIV. P.
41(a)(1) ("[A]n action may be dismissed by the plaintiff without
order of court . . . by filing a stipulation of dismissal signed
by all parties who have appeared in the action."), it is hereby
1. Plaintiffs' claims against defendant State Farm
Mutual Automobile Insurance Company for breach of
duty of good faith and fair dealing (count one),
breach of contract (count two), unfair trade
practices and consumer protection law (count three),
unjust enrichment (count five), and promissory
estoppel (count six) are DISMISSED with
prejudice.*fn1 See FED. R. CIV. P. 41(a)(1). 2. Plaintiffs' claims against defendant State Farm
Mutual Automobile Insurance Company for fraud and
misrepresentation (count four), with respect to
conduct occurring prior to August 26, 2005, are
DISMISSED with prejudice. See FED. R. CIV. P.
© 1992-2005 VersusLaw Inc.