Hayes v. Smith et al

Filing 18

ORDER denying 11 Motion to Dismiss Defendant's Answer. Signed by Honorable Barry A. Bryant on May 6, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOY VERONICA HAYES v. PLAINTIFF Case No. 4:15-cv-04010 THERESA SMITH and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY DEFENDANTS ORDER Before the Court is Plaintiff’s Motion to Dismiss Defendant’s Answer. ECF No. 11. Plaintiff filed this Motion on March 13, 2015. Id. With this Motion, Plaintiff claims Defendant’s answer should be dismissed because it contains conflicting and contradictory information. Id. On March 24, 2015, Defendant State Farm Mutual Automobile Insurance Company responded to Plaintiff’s Motion. ECF No. 13. In this response, Defendant State Farm argues there is no basis for dismissing its answer. Id. Upon review of Plaintiff’s Motion, the Court finds no basis for dismissing Defendant State Farm’s answer. Accordingly, Plaintiff’s Motion to Dismiss Defendant’s Answer (ECF No. 11) is DENIED. ENTERED this 6th day of May 2015. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 1

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