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Stephens v. State Farm Fire and Casualty Co.

United States District Court, M.D. Pennsylvania

October 16, 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 16th day of October, 2014, upon consideration of the report (Doc. 23) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant in part and deny in part the motion (Doc. 19) for leave to file an amended complaint filed by Gerald Stephens and Bonnie Wilson (collectively, "plaintiffs"), and, following an independent review of the record, and it appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 23) of Chief Magistrate Judge Martin C. Carlson is ADOPTED in its entirety.
2. Plaintiffs' motion (Doc. 19) for leave to file an amended complaint is GRANTED in part and DENIED in part as follows:
a. The motion is GRANTED to the extent plaintiffs' proposed amended complaint seeks to assert a breach of contract claim against defendant but DENIED to the extent that proposed count seeks attorneys' fees and punitive damages.
b. The motion is DENIED without prejudice to the extent plaintiffs' proposed amended complaint seeks to assert a statutory bad faith claim pursuant to 42 PA. CONS. STAT. § 8371 against defendant.
c. The motion is GRANTED to the extent plaintiffs' proposed amended pleading seeks to assert a claim against defendant pursuant to Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 Pa. Cons. Stat. § 201-9.2.
3. Plaintiffs are GRANTED leave to amend their complaint consistent Judge Carlson's report (Doc. 23) and ¶ 2 above within seven (7) days of the date of this order.
4. This matter is REMANDED to Judge Carlson for further proceedings.

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