Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:07-cv-00338-JJF Document 3 Filed 06/05/2007 Page 1 oft
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLEMAN DUPONT HOMSEY and )
ELLEN HOMSEY, )
)
Plaintiffs, ) C.A. No. 07-338-UNA
)
v. )
)
VIGILANT INSURANCE COMPANY, )
)
Defendant. )
DEFENDANTS PARTIAL MOTION TO DISMISS
PLAINTIFFS’ COMPLAINT BASED UPON INSUFFICIENCY OF
COUNT III {BAD FAITH) AND COUNT IV {CONSUMER FRAUD)
Defendant Vigilant Insurance Company hereby respectfully moves this Court to
dismiss Count IH and Count IV of the Complaint for Declaratory and Other Relief filed
by Coleman dnPont Homsey and Ellen I-Iomsey (“Plaintiffs”) for the reasons more fully
set forth in its Memorandum of Law in Support of its Partial Motion to Dismiss
Plaintiffs’ Complaint Based Upon Insufficiency of Count IH and Count EV filed
contemporaneously herewith and expressly incorporated herein by reference.
Dated: June 5, 2007 Enwnnns ANGEL}., PALMER & Donors L I
Denise Seastone Kraft (DE No.
919 North Market Street _
Wilmington, DE 19801
(302) 425-7106 E
(888) 325-9741 (fax)
Attorneys for Defendant Vigilant Insurance
Company

Case 1:07-cv-00338-JJF Document 3-2 Filed 06/05/2007 Page 1 oft
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLEMAN DUPONT HOMSEY and )
ELLEN HOMSEY, )
)
Piaintiffs, ) C.A. No. 07-338-UNA
)
v. ) _
I T
VIGILANT INSURANCE COMPANY, )
)
Defendant. )
ORDER
Upon consideration of Vigiiant insurance Company?. Motion to Dismiss
Piaintiffs’ Complaint Based Upon Insufficiency of Count III (Bad Faith) and Count IV
(Consumer Fraud) (thc "Motior1"), IT IS HEREBY ORDERED that the Motion is
GRANTED and that: (i) Count II} (Bad Faith) and Count IV (Consumer Fraud) are
dismissed with prejudice; and (ii) Plaintiffs? requests for punitive damages are stricken in
their entirety. ;
a
Dated: , 2007 i
i
UNITED STATES DISTRICT JUDGE

Case 1:07-cv-00338-JJF Document 3-3 Filed 06/05/2007 Page 1 oft
CERTIFICATE OF SERVICE
I, Denise Seastone Kraft, hereby certify that on June 5, 2007, the attached
Defendant’s Partial Motion to Dismiss PIaintiffs’ Complaint Based Upon
Insufficiency of Count HI (Bad Faith) and Count IV (Consumer Fraud) was served
on the following persons in the manner indicated and was electronically filed with the
Clerk ofthe Court using CM/`ECF:
Via Facsimile & Federal Express
John Sheehan Spadaro, Esq.
John Sheehan Spadaro, LLC
724 Yorklyn Road
Suite 375
Hockessin, DE l9”/07
Fax: (302) 235-2536
Denise Seastone Kraft (DE No. 27 S)