McHone et al v. Diamond S Express Inc et al

Filing 44

ORDER denying 36 Motion to Dismiss for Failure to State a Claim. Signed by Judge James M. Moody on 05/22/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHRISTIE MCHONE and
ORANDE ANDERSON
V.

PLAINTIFFS
3:12CV0008 JMM

DIAMOND S EXPRESS, INC., et al

DEFENDANTS

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

COUNTER
CLAIMANT

V.
CHRISTIE MCHONE

COUNTER
DEFENDANT
ORDER

Pending is the Motion to Dismiss of State Farm Mutual Automobile Insurance Company
(“State Farm”). Plaintiffs have responded and have filed an Amended Complaint in response to
the Motion. The Court finds that the Motion to Dismiss should be denied. Plaintiffs’ Amended
Complaint adding State Farm as a defendant contains “sufficient factual matter, accepted as true,
to ‘state a claim to relief that is plausible on its face.’" Ashcroft v. Iqbal, ––– U.S. ––––, 129
S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544,
570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
State Farm’s Motion to Dismiss (Docket # 36) is DENIED.
IT IS SO ORDERED this 22nd day of May, 2013.

_____________________________
James M. Moody
United States District Judge