Metropolitan Life Insurance Company v. McCoy et al

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Douglas Wertenberger's Motion to Dismiss is DENIED without prejudice. [Doc. 8 .]. Signed by Magistrate Judge Nannette A. Baker on 07/10/2014. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
METROPOLITAN LIFE INSURANCE
COMPANY,
Plaintiff,
v.
BONNIE JEAN MCCOY, et al.,
Defendants.

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Case No. 4:14-CV-922 NAB

MEMORANDUM AND ORDER
This matter is before the Court on Defendant Douglas Wertenberger’s Motion to Dismiss.
[Doc. 8.] Defendant Wertenberger’s Motion to Dismiss states in its entirety, “Comes now
Defendant, Douglas Wertenberger, by and through his attorney, Scott D. Dale of Bloodworth
Law Offices and moves this Court for an Order dismissing Plaintiff’s Petition for failure to state
a cause of action upon which relief may be granted.” Local Rule 4.01 states, “Unless otherwise
directed by the Court, the moving party shall file with each motion a memorandum in support of
the motion, including any relevant argument and citations to any authorities on which the party
relies. If the motion requires consideration of facts not appearing in the record, the party also
shall file all documentary evidence relied upon.” Because, Defendant Wertenberger’s Motion to
Dismiss does not include a contemporaneously filed memorandum of law with citations to legal
authority and relevant argument, the Court will deny the Motion to Dismiss without prejudice.
Accordingly,

IT IS HEREBY ORDERED that Defendant Douglas Wertenberger’s Motion to Dismiss
is DENIED without prejudice. [Doc. 8.]
Dated this 10th day of July, 2014.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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