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METRY KELLY and EUGENIE KELLY, his wife, and all others similarly situated, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurance corporation, Defendant.

THOMAS B. SMITH

ORDER

Pending before the Court is Plaintiffs' Unopposed Motion for Leave to File Plaintiffs' Fourth Amended Class Action Complaint (Doc. 84) and Defendant's Motion for a More Definite Statement as to Plaintiffs' Third Amended Class Action Complaint (Doc. 86). Plaintiffs seek leave to file a Fourth Amended Class Amended Complaint to clarify the nature of the damages they seek in this action. Defendant has no objection.

Upon due consideration, it is ORDERED:

1. Plaintiffs' Unopposed Motion for Leave to File Plaintiffs' Fourth Amended Class Action Complaint (Doc. 84) is GRANTED. Within five (5) days of the rendition of this Order, Plaintiffs shall file the Fourth Amended Class Action Complaint as a separate docket entry. Within twenty (20) days thereafter, Defendant shall file a response to Counts I, II and III of the Fourth Amended Class Action Complaint.

2. Defendant's Motion for a More Definite Statement as to Plaintiffs' Third Amended Class Action Complaint (Doc. 86) is DENIED as moot.

DONE AND ORDERED in Ocala, Florida, on May 1, 2012.

_____________


THOMAS B. SMITH


United States Magistrate Judge


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Kelly v. State Farm Mut. Auto. Ins. Co.
(May 1, 2012)