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Sadler v. State Farm Fire and Casualty Co.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


August 19, 2008

BILL AND LORI SADLER, HUSBAND AND WIFE, AND MARCEL AND PAMELA THIRY, HUSBAND AND WIFE, PLAINTIFFS,
v.
STATE FARM FIRE AND CASUALTY CO., DEFENDANT.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

ORDER OF COURT

AND NOW, this 19th day of August, 2008, plaintiff having not filed a response to defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) (doc. no. 5) on or before August 1, 2008 as directed by Text-only Order of Court dated July 22, 2008, said motion to dismiss is GRANTED.

IT IS FURTHER ORDERED that Counts IV and X (Unfair Trade Practices and Consumer Protection Law), Counts V and XI (Intentional Misrepresentation), and Counts VI and XII (Negligent Misrepresentation) are dismissed with prejudice. Plaintiffs' claims for reimbursement of attorneys' fees, other than those fees authorized by 42 Pa.C.S. § 8371 at Counts III and IX, and their claims for punitive damages, are dismissed with prejudice.

20080819

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