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)

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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

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