Holyoke Mutual Insurance Co v. East Arkansas Area Agency on Aging et al

Filing 17

ORDER denying without prejudice 7 Motion to Dismiss. Signed by Judge D. P. Marshall Jr. on 7/6/2017. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION HOLYOKE MUTUAL INSURANCE CO., dfb/a Middleoak a/s/o Aspen Garden Apartments v. PLAINTIFF No. 3:17-cv-83-DPM EAST ARKANSAS AREA AGENCY ON AGING, INC. and CYNTHIA UNDERWOOD DEFENDANTS ORDER EAAAAI' s motion to dismiss, NQ 7, is denied without prejudice. The agency is right, of course, on the need for good service. But Holyoke has started its cure with the amended complaint, NQ 13, and says it will fix everything before its ninety-day service period expires. NQ 12 at 3. By the Court's calculation, that deadline is 17 July 2017. And it's too early for the Court to consider whether the agency might be protected by charitable immunity; that fact-bound issue requires a full record. Masterson v. Stambuck, 321 Ark. 391, 400-03, 902 S.W.2d 803, 809-11 (1995). So Ordered.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?