McHone et al v. Diamond S Express Inc et al
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
CHRISTIE MCHONE and
DIAMOND S EXPRESS, INC., et al
STATE FARM MUTUAL AUTOMOBILE
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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