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Stephens v. State Farm Fire and Casualty Co.

United States District Court, M.D. Pennsylvania

May 5, 2014

GERALD STEPHENS and BONNIE WILSON, Plaintiffs,
v.
STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 5th day of May, 2014, upon consideration of the reports (Docs. 9, 10) of Chief Magistrate Judge Martin C. Carlson, recommending the court deny plaintiffs' motion (Doc. 6) to remand the above-captioned matter to the Dauphin County Court of Common Pleas and grant defendant's motion (Doc. 4) to dismiss to the extent it seeks dismissal of plaintiffs' claim in Count II for unjust enrichment, and, after an independent review of the record, and noting that plaintiffs filed an objection[1] (Doc. 11) to the report recommending denial of their motion to remand, and that defendant filed a response (Doc. 12) to plaintiffs' objection, and that plaintiffs neither opposed defendant's motion to dismiss nor objected to the magistrate judge's recommendation with respect to that motion, and the court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding plaintiffs' objection to be without merit[2] and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:

1. The reports (Docs. 9, 10) of Chief Magistrate Judge Carlson are ADOPTED.
2. Plaintiffs' motion (Doc. 6) to remand the above-captioned matter to the Dauphin County Court of Common Pleas is DENIED in its entirety.
3. Defendant's motion (Doc. 4) to dismiss is GRANTED to the extent it seeks dismissal of Count II of plaintiffs' complaint. The motion is DENIED in all other respects.
4. Count II of plaintiffs' complaint (Doc. 1-1) is DISMISSED with prejudice.
5. This matter is REMANDED to the magistrate judge for further proceedings.

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