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)

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.