Daake et al v. Auto-Owners Mutual Insurance Company et al

Filing 18

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendant's Auto-Owners Insurance Company (Mutual)'s Motion to Dismiss Plaintiffs Amended Petition (ECF No. 13 ) is DENIED without prejudice. Signed by District Judge Ronnie L. White on 5/13/2015. (NEB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) THOMAS 0. DAAKE, SR. and ) ADELE Z. DAAKE, ) ) Plaintiffs, ) No. 4:15-CV-651 RLW ) v. ) ) AUTO-OWNERS INSURANCE COMPANY, ) ) and ) ) RODGERM. HUFF, II, ) ) and ) ) FIVE STAR INSURANCE AGENCY, INC., ) ) Defendants. ) MEMORANDUM AND ORDER This matter is before the Court on Defendant's Auto-Owners Insurance Company (Mutual)'s Motion to Dismiss Plaintiffs Amended Petition (ECF No. 13) pursuant to Mo. R. Civ. P. 55.27(a). 1 In response, Plaintiffs noted that Defendant's Motion to Dismiss includes no substantive discussion of the merits of its motion and does not include a supporting memorandum, as required under E.D.Mo. L.R. 4.0l(A). The Court agrees that Defendant has failed to provide any substantive basis for its Motion to Dismiss and has not complied with local rules. Therefore, the Court denies Defendant's Motion to Dismiss without prejudice. 1 The Motion to Dismiss was originally filed in State Court prior to removal. Accordingly, IT IS HEREBY ORDERED that Defendant's Auto-Owners Insurance Company (Mutual)'s Motion to Dismiss Plaintiffs Amended Petition (ECF No. 13) is DENIED without prejudice. Dated this 13th day of May, 2015. RONNIE L. WHITE UNITED STATES DISTRICT JUDGE -2-

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