Cook et al

Filing 21

ORDER granting defendant Mark Cook's Motion to Dismiss, denying defendant Storey Wrecker Service's Motion to Dismiss re 1 Notice of Removal filed by Storey Wrecker Service, Inc. Signed by District Judge Gary A. Fenner on 4/21/09. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION NORMAN COOK and GLENDA SUE COOK, Plaintiffs, vs. STOREY WRECKER SERVICE, INC. and MARK COOK, Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 09-3074-CV-S-GAF

ORDER Pending before the Court is Defendant Mark Cook's ("Cook") Motion to Dismiss and Defendant Storey Wrecker Service, Inc.'s ("Storey") Motion to Dismiss. (Doc. #1, Ex. A). For the reasons set forth in the Court's recent Order denying Plaintiffs Norman and Glenda Sue Cook's ("Plaintiffs") Motion to Remand (Doc. #19), Cook's Motion to Dismiss is GRANTED. Storey, on the other hand, has filed no supporting brief asserting any proper grounds on which its Motion could be granted and no reply brief to Plaintiffs' opposition brief. Storey's Motion to Dismiss is therefore DENIED. IT IS SO ORDERED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: April 21, 2009

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