MEMORANDUM OPINION AND ORDER
THOMAS E. JOHNSTON, District Judge.
Pending before the Court are Plaintiff Christopher Kyle Bailey's ("Plaintiff") motion for leave to file a second amended Complaint, and Plaintiff's and Defendant Nationwide Property and Casualty Company's ("Nationwide") cross motions for partial summary judgment on Plaintiff's claim for attorney's fees pursuant to Hayseeds, Inc. v. State Farm Fire & Casualty, 177 W.Va. 323,
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