State Farm Mutual Automobile Insurance Company v. United States of America

Filing 19

ORDER, Plaintiff's Motion to Dismiss Counterclaim 18 is denied without prejudice. Signed by Magistrate Judge Lawrence O Anderson on 6/7/13.(REW)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14
15
16
17
18
19
20

State Farm Mutual Automobile Insurance)
)
Company, an Illinois corporation,
)
)
Plaintiff,
)
)
vs.
)
)
United States of America,
)
)
Defendant.
_________________________________ )
)
)
United States of America,
)
)
Counter Claimant
)
)
vs.
)
State Farm mutual Automobile Insurance )
)
Company, an Illinois corporation,
)
)
Counter Defendant.
)

No. CV-13-400-PHX-LOA
ORDER

21

This matter arises on the Court’s review of Plaintiff’s Motion to Dismiss

22

Counterclaim for failure to state a claim upon which relief can be granted, requesting an

23

order dismissing Defendant’s Counterclaim with prejudice, pursuant to Rule 12(b)(6),

24

Fed.R.Civ.P. (Doc. 18)

25

Plaintiff’s Motion fails to comply with two prior Court orders, docs. 6, 12, requiring

26

that, before motions to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P., or Rule 12(c),

27

Fed.R.Civ.P., may be filed, moving counsel must meet and confer with adverse counsel prior

28

to the filing such a motion and, if unsuccessful, the motion “must contain a certification of

1

conferral, indicating that counsel have conferred to determine whether an amendment could

2

cure a deficient pleading, have been unable to agree that the pleading is curable by a

3

permissible amendment, and have otherwise complied with this Order.” (Doc. 6 at 3)

4

Plaintiff’s Motion does not contain, or attach thereto, the required verified certification. See,

5

e.g., Monje v. Spin Master Inc., 2013 WL 2390625, at *11 (D. Ariz. May 30, 2013) (“This

6

Court has a standard Order that requires the Parties to “meet and confer prior to the filing of

7

a motion to dismiss to determine whether it can be avoided.... [M]otions to dismiss must

8

contain a certification of conferral indicating that the parties have conferred to determine

9

whether an amendment could cure a deficient pleading, and have been unable to agree that

10

the pleading is curable by a permissible amendment.” (Doc. 109.)”).

11

On the Court’s own motion,

12

IT IS ORDERED that Plaintiff’s Motion to Dismiss Counterclaim, doc. 18, is

13
14

DENIED without prejudice.
Dated this 7th day of June, 2013.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-