Miller et al v. York Risk Services Group
Filing
26
ORDER AND OPINION granting in part and denying in part 8 Defendant's Motion to Dismiss, see PDF document for details. Mr. Shamadan's request to be permitted to seek leave to amend is GRANTED. An amended complaint containing Mr. Shamadan's amended claims shall be filed within 14 days from the date of this order. Defendant shall respond within 14 days from the date the amended complaint is filed. Signed by Judge John W Sedwick on 12/19/13.(LSP)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF ARIZONA
10
11
12
13
14
LAURIE MILLER, BRIAN DIMAS,
KIM MILLS, ANTHONY SOZA,
BRUCE CAMPBELL, KELLIE
BOWERS, TIM HUNTER, BRIAN
SAYLOR, MICHAEL SCHAMADAN,
INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE
OF HIS WIFE, BRANDI SCHAMADAN,
15
Plaintiffs,
16
vs.
17
YORK RISK SERVICES GROUP,
18
Defendant.
19
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
2:13-cv-1419 JWS
ORDER AND OPINION
[Re: Motion at Docket 8]
20
I. FINAL ORDER
21
After the parties’ briefing was completed, the court set out its preliminary view on
22
the motion at docket 8 in an order at docket 23 filed on December 9, 2013. Oral
23
argument was then heard on December 19, 2013. This order provides the court’s
24
decision on the motion at docket 8.
25
After considering the lawyers’ well articulated arguments and reviewing
26
additional authority mentioned during oral argument, the court adopts the order at
27
docket 23. Defendant’s suggestions that certain questions of law be certified for appeal
28
1
to the Ninth Circuit and referred to the Arizona Supreme Court are rejected as
2
unnecessary.
3
4
II. CONCLUSION
For the reasons set out at length in the order at docket 23, Defendant’s motion at
5
docket 8 to dismiss Plaintiffs’ complaint pursuant to Rule 12(b)(6) is DENIED IN PART
6
and GRANTED IN PART as follows:
7
1. Defendant’s request that Plaintiffs’ RICO claims be dismissed is DENIED;
8
2. Defendant’s request that Plaintiffs’ aiding and abetting claims be
9
dismissed is DENIED;
10
3. Defendant’s request that Mr. Schamadan’s claims as representative of
11
the estate of Mrs. Schamadan be dismissed to the extent they seek
12
damages for pain and suffering is GRANTED;
13
4. Defendant’s request that Mr. Schamadan’s individual claims be
14
dismissed is GRANTED;
15
5. Mr. Shamadan’s request to be permitted to seek leave to amend is
16
GRANTED. An amended complaint containing Mr. Shamadan’s amended
17
claims shall be filed within 14 days from the date of this order. Defendant
18
shall respond within 14 days from the date the amended complaint is filed.
19
DATED this 19th day of December 2013.
20
21
/S/
JOHN W. SEDWICK
UNITED STATES DISTRICT JUDGE
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?