Cameron Mutual Insurance Company v. Lewellen et al
ORDER granting in part and denying in part 7 Plaintiff's Motion to Dismiss; granting 11 Defendant's Motion to Change Venue to Helena, Arkansas. Signed by Judge D. P. Marshall Jr. on 1/23/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CAMERON MUTUAL INSURANCE CO.
ROY LEWELLEN and
Cameron Mutual has moved to dismiss the Lewellens' counterclaim for
bad faith and counterclaims under the Arkansas Deceptive Trade Practices
Act and the Arkansas Trade Practices Act. Document No. 7. The Lewellens
concede that the ADTPA and ATPA claims must go. Document No.9. But
they argue, and the Court agrees, that their pleading gives enough notice of
their counterclaim for bad faith. It is thin but plausible. The Court notes,
however, that the Lewellens have a high hill to climb. McClellan v. State Farm
Mutual Automobile Insurance Co., No. 3:10-cv-84-DPM, 2011 WL 4737046, at
*2-3 (E.D. Ark. 7 Oct. 2011). We'll see what discovery reveals.
The Lewellens have moved for a change of venue. Document No. 11.
Cameron Mutual says that it's too soon to make a fact-based decision about
the better divisional venue. Document No. 13. This is a stall. The Lee Countycentered nature of this dispute, and the location of most of the likely
witnesses, is obvious. Cameron Mutual's choice of the Jonesboro division
carries much weight. But the convenience of likely witnesses, and the roots
of the case, outweigh that choice. If the case looks different when any trial is
imminent, then the Court will reconsider on motion at Cameron Mutual's
Motion, Document No. 7, granted in part and denied in part. Motion,
Document No. 11, granted. The Court thanks Cameron Mutual and the
Lewellens for recognizing that, as Judge Richard S. Arnold used to say, brief
is an adjective as well as a noun.
D.P. Marshall Jr.~
United States District Judge
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