Hall v. Associated International Insurance Company et al

Filing 78

MEMORANDUM AND ORDER granting 69 defendant Associated International Insurance Company's Motion to Dismiss. Signed by District Judge J. Thomas Marten on 11/10/2011. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GEORGE HALL,
Plaintiff,

vs.

Case No. 11-CV-4013-JTM/DJW

ASSOCIATED INTERNATIONAL INSURANCE
COMPANY.
Defendant.

MEMORANDUM AND ORDER
Defendant Associated International Insurance Company’s Motion for Dismissal (Dkt. No.
69) is before the court. For the following reasons, the court grants the motion.
The court previously dismissed all claims against co-defendant Proctor Financial, Inc.,
managing general agent of Associated. Hall’s claims against Associated are based entirely on its
liability for Proctor’s actions. Because plaintiff’s Complaint failed to state a claim against Proctor,
it also fails to state a claim against Associated. See Dkt. No. 66. Plaintiff does not dispute this in his
Response, rather he argues the court should not have granted Proctor’s Motion to Dismiss. In fact,
plaintiff spends his entire Response brief arguing this court should reconsider its previous ruling.
Seeking reconsideration in a response to a motion to dismiss is not proper. If plaintiff wanted to seek
reconsideration of this court’s previous Order (Dkt. No. 66), he should have done so in accordance
with D. Kan. R. 7.3(a) and Fed. R. Civ. P. 60.

IT IS ACCORDINGLY ORDERED this 10th day of November 2011, that Associated
International Insurance Company’s Motion for Dismissal (Dkt. No. 69) is granted.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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