Gala et al v. American Security Insurance Company

Filing 5

ORDER ATTACHED denying 3 Motion to Dismiss and directing Defendant to file answer within 10 days. Signed by Judge Richard A. Lazzara on 9/8/2009. (CCB)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOSE GALA and ELENA SUAREZ, Plaintiffs, v. AMERICAN SECURITY INSURANCE COMPANY, Defendant. / ORDER CASE NO: 8:09-cv-1824-T-26AEP

Upon due consideration of the well-pleaded allegations of Plaintiffs' complaint, which this Court must accept as true at this juncture of the proceedings, it is ordered and adjudged that Defendant's Motion to Dismiss (Dkt. 3) is denied because the factual allegations of the complaint are more than sufficient to raise a right to relief above the speculative level. See Sinaltrainal v. Coca-Cola Co., ___ F.3d ___, 2009 WL 2431463 *4 (11th Cir. Aug. 11, 2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Defendant shall file its answer and defenses within ten (10) days of this order.
DONE AND ORDERED at Tampa, Florida, on September 8, 2009.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record