Pereff v. Progressive Casualty Insurance Company et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LINDA PEREFF, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-25-00383-JD 1
)
PROGRESSIVE CASUALTY INSURANCE 	)
COMPANY, AMERICAN STRATEGIC 	)
INSURANCE CORPORATION, and 	)
ANDREW J. SCHWANE, 	)
)
Defendants. 	)
ORDER
Before the Court is Defendant Progressive Casualty Insurance Company’s Motion
to Dismiss (“Motion”). [Doc. No. 16]. The Motion seeks dismissal of Plaintiff’s
complaint for failure to satisfy federal pleading standards under Federal Rules of Civil
Procedure 12(b)(6) (as interpreted by Iqbal/Twombly)2 and 9(b). The Court notes that
even if it granted Defendant’s Motion, the claims would likely be dismissed without
prejudice, and Plaintiff would likely be permitted an opportunity to amend and “frame a
‘complaint with enough factual matter (taken as true) to suggest’ that he or she is entitled
to relief.” Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 2008) (quoting
Twombly, 550 U.S. at 556).
1 All filings in this case should reflect Judge Jodi W. Dishman as the assigned
judge by utilizing the correct judge initials JD at the end of the case number. Future
incorrect filings will be stricken.
2 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007).
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2
Without expressing any view on the merits of the Motion, the Court affords
Plaintiff an opportunity to cure the purported pleading defects by filing an amended
complaint in accordance with Federal Rule of Civil Procedure 15(a)(1)(B). Parties should
work in good faith to avoid unnecessary motion practice. An amended complaint must
plead specific factual allegations that, if true, would “plausibly give rise to an entitlement
to relief” against the defendant. Iqbal, 556 U.S. at 679; Robbins, 519 F.3d at 1250. And,
if claims would fail under the law as cited in the Motion, Plaintiff should not attempt to
allege in an amended complaint any claims that could not be plausible or otherwise meet
the pleading standards. See Fed. R. Civ. P. 11(b)(2).
If Plaintiff timely files an amended complaint, the Court will deny the Motion as
moot. If Plaintiff does not timely file an amended complaint, the Court will decide the
Motion upon completion of the briefing. Nothing in this Order changes Plaintiff’s
response brief deadline. See LCvR7.1(g).
IT IS SO ORDERED this 17th day of April 2025.
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