Kalter et al v. Hartford Insurance Company of the Midwest
| Harold Kalter and Marilyn Kalter |
| Hartford Insurance Company of the Midwest |
| 2:2014cv01115 |
| February 20, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| William D. Wall |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| None |
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Filing
8
MEMORANDUM OF DECISION AND ORDER granting 4 Motion to Dismiss - It is hereby ORDERED that the Fed. R. Civ. P. 12(b) motion by the Defendant to dismiss the Plaintiffs second cause of action alleging breach of the duty of good faith is granted; and i t is further ORDERED that the Court, sua sponte and pursuant to Fed. R. Civ. P. 12(b)(6), dismisses without prejudice the Plaintiffs first and third causes action alleging breach of contract and violations of New York State insurance laws respectivel y. The Plaintiffs are directed to refile an amended complaint in compliance with Fed. R. Civ. P. 8 within thirty days of the date of this Order. Should the Plaintiffs fail to file an amended complaint, the Court will dismiss this case in its entiret y with prejudice; and it is further ORDERED that since the Plaintiffs have not appeared in this case after the Defendant removed it from state court, the Defendant is directed to personally serve the Plaintiffs with this Order and to file proof of service onto ECF within one week of the date of this Order. So Ordered by Judge Arthur D. Spatt on 4/17/2014. (Coleman, Laurie)
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