Willis et al v. Nationwide Mutual Insurance Company et al

Filing 29

ORDER granting 24 Motion to Withdraw Memorandum in Support of Motion to Dismiss, denying 28 MOTION for Leave to File a Reply Instanter. Signed by Honorable Susan O. Hickey on March 24, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION GEORGE WILLIS and AUDREY WILLIS, Individually and on behalf of those similarly situation VS. PLAINTIFFS CASE NO. 14-CV-4024 NATIONWIDE MUTUAL INSURANCE COMPANY and NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, d/b/a NATIONWIDE INSURANCE DEFENDANTS ORDER Before the Court is Defendants’ Motion to Withdraw Memorandum in Support of Motion to Dismiss. (ECF No. 24). Plaintiffs have filed responses in opposition to the motion. (ECF Nos. 26-27).1 Defendants request that they be permitted to withdraw their memorandum brief (ECF No. 15) in support of their Motion to Dismiss. (ECF No. 14). Defendants state that there were a few unintentional errors in their brief relating to the definition of “Released Claims” in Alexander v. Nationwide Mutual Insurance Company, et al., Case No. CV-2009-120-3 (Ark. Cir. Ct. 2009). Defendants request that they be permitted to file a new brief to correct the definition and conform their arguments to the accurate definition. Upon consideration, the Court finds that good cause for the motion (ECF No. 24) has been shown. Accordingly, the motion should be and hereby is GRANTED. The clerk is directed to 1 Defendants have also filed a Motion for Leave to File a Reply. (ECF No. 28). The Court does not find a reply necessary. Accordingly, the motion is DENIED. disregard Defendants’ memorandum brief. (ECF No. 15). Defendants must file their corrected brief in support of their Motion to Dismiss (ECF No. 14) on or before March 25, 2014. Plaintiffs’ response to Defendants’ Motion to Dismiss is due on or before April 8, 2014. IT IS SO ORDERED, this 24th day of March, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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