Smith et al v. General Motors Company et al

Filing 35

ORDER: 24 Motion to dismiss is granted. TK Holdings, Inc., and Highland Industries, Inc., are dismissed without prejudice. 28 Motion to amend again granted with instructions and limitations. Third amended complaint due by 5/10/2017. 33 Amended Motion to strike denied without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 4/26/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MAEOLA SMITH and
DONNELL SMITH
v.

PLAINTIFFS
No. 5:16-cv-283-DPM

GENERAL MOTORS COMPANY,
an American Multinational Corporation;
TAKATA CORPORATION, a Foreign
Corporation; TK HOLDINGS, INC., a
Foreign Corporation; and HIGHLAND
INDUSTRIES, INC., a Foreign Corporation

DEFENDANTS

ORDER
This case is bogged down. Three motions need deciding to get things
moving again.
1. TK Holdings and Highland's motion to dismiss is granted. The
Smiths have failed to clarify through any of their many papers what,
specifically, TK Holdings or Highland did or did not do. Ng 21. The Smiths
assert multiple theories of liability but provide no facts linking either of these
two defendants to Mrs. Smith's accident or her injuries. They have not
succinctly stated a claim showing why they are plausibly entitled to relief
against these two entities.

FED. R. Crv. P. 8(a)(2);

Ashcroft v. Iqbal, 556 U.S. 662,

678 (2009). Taking the facts in the complaint as true, the case is still alive

against TK Holdings and Highland's related company, Takata. And if
discovery reveals facts showing that these other entities were connected with
any challenged parts of this Saturn, the Smiths can seek to add them back in.
All claims against TK Holdings and Highland fail at this point without
prejudice.
2. Plaintiffs' second motion to amend is granted with instructions and
limitations. Revise the proposed third amended complaint, NQ 28-2, to
eliminate TK Holdings and Highland as parties and to eliminate all claims
against them. Revised third amended complaint due by 10 May 2017.
3. The amended motion to strike is denied without prejudice as moot.
The Court has not considered the Hatton declaration, and could not do so
without converting the motion to dismiss into one for summary judgment.

*

*

*

Motion to dismiss, NQ 24, granted. TK Holdings, Inc., and Highland
Industries, Inc., are dismissed without prejudice. Motion to amend again,
Ng 28, granted with instructions and limitations. Third amended complaint
due by May 10th. Amended motion to strike, NQ 33, denied without prejudice
as moot.

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So Ordered.

r.
United States District Judge

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