Stuart v. Standard Fire Insurance Company et al

Filing 18

ORDER denying without prejudice 11 Insurance Network's Motion to Dismiss. Signed by Judge William R. Wilson, Jr on 4/7/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KENNETH D. STUART v. 3:08CV00186-WRW PLAINTIFF STANDARD FIRE INSURANCE CO., INSURANCE NETWORK, INC., BANCORPSOUTH INSURANCE SERVICES, INC., and DAVID DAVIDSON ORDER DEFENDANTS Pending is Separate Defendant Insurance Network's Motion to Dismiss (Doc. No. 11). Plaintiff has responded.1 Insurance Network seeks dismissal from the case because it "is not a viable, ongoing business entity which has any current employees, assets or liability insurance and was not at the time of any of the issues involved in this litigation."2 However, as Plaintiff points out, Insurance Network fails to provide the Court with "sufficient evidence of its merger and consequent dissolution or assumption of assets and liabilities . . . ."3 I agree with Plaintiff. Accordingly, Insurance Network's Motion to Dismiss is DENIED without prejudice. IT IS SO ORDERED this 7th day of April, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Doc. No. 17. Doc. No. 11. Doc. No. 17. 2 3

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