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The First Liberty Insurance v. April Walker et al

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


March 7, 2013

THE FIRST LIBERTY INSURANCE CORPORATION, PLAINTIFF,
v.
APRIL WALKER ET AL., DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 7th day of March, 2013, upon consideration plaintiff The First Liberty Insurance Corporation's "Motion to Dismiss Defendant April Walker's Counterclaim Pursuant to F.R.C.P. 12(b)(6)" (Document No. 9), and defendant Walker's response thereto, it is hereby ORDERED that:

1. The motion to dismiss is GRANTED and defendant Walker's counterclaim against First Liberty Insurance Corporation for bad faith under 42 Pa. Cons. Stat. § 8371 is DISMISSED WITHOUT PREJUDICE.

2. Walker is given leave to file an amended counterclaim within thirty (30) days of the date of this order, if she can do so without violating Federal Rule of Civil Procedure 11. Otherwise, the dismissal is with prejudice.

William H. Yohn Jr., Judge

20130307

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