Amica Mutual Insurance v. Morowitz

ORDER OF PARTIAL DISMISSAL WITH PREJUDICE

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon the Plaintiff Arnica Mutual Insurance Company’s (“Arnica”) “Motion to Dismiss Count III of Morowitz’s Amended Counterclaim” (D.E. # 26), filed April 2, 2009. On April 20, 2009, the Defendant David G. Morowitz filed his Response in Opposition (D.E. # 28). On April 30, 2009, Arnica filed its Reply (D.E. # 31).

I. BACKGROUND

The factual background of this action was recited in this Court’s February 24, 2009 “Order of Partial Dismissal Without Prejudice”:

Arnica filed this action on…