Companion Property and Casualty Group v. Consolidated Agent Partners et al
Filing
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ORDER - RPS and CAP defendants' motions to dismiss (# 14 , # 15 ) are DENIED AS MOOT; the motions to dismiss (# 48 , # 49 ) are DENIED WITHOUT PREJUDICE to renew as a motion for summary judgment at the close of discovery. Signed by Judge Howard D. McKibben on 5/28/2013. (Copies have been distributed pursuant to the NEF - DRM) Modified on 5/28/2013 for spelling (DRM).
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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COMPANION PROPERTY AND CASUALTY
GROUP,
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Plaintiffs,
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vs.
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CONSOLIDATED AGENCY PARTNERS, dba )
MENICUCCI INSURANCE ASSOCIATES, )
KAREN FAUST, HIGHPOINT RISK
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SERVICES LLC, PINNACLE
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UNDERWRITERS, INC., RISK
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PLACEMENT SERVICES, INC. dba RISK )
PLACEMENT SERVICES, INSURANCE
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BROKERS, JOAN VASCONES, SKY HIGH )
SPORTS, LLC, SKY HIGH SPORTS
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ORANGE COUNTY OPERATIONS, LLC,
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ROLLAND WEDDELL, et al.,
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Defendants.
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_________________________________ )
3:12-cv-00595-HDM-VPC
ORDER
On December 26, 2012, defendants Risk Placement Services,
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Gloria Lam, and Joan Vascones (collectively “the RPS defendants”)
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filed a motion to dismiss plaintiff’s claims asserted against them
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in this action (#14).
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and Consolidated Agency Partners (collectively “the CAP
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defendants”) filed a motion to dismiss (#15) four of the claims
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plaintiff had asserted against them.
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granted plaintiff leave to file an amended complaint.
On December 27, 2012, defendants Karen Faust
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On March 13, 2013, the court
Plaintiff
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filed its first amended complaint on March 27, 2013.
The amended
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complaint supersedes plaintiff’s original complaint.
Dichter-Mad
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Family Partners, LLP v. United States, 707 F. Supp. 2d 1016, 1054
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(C.D. Cal. 2010).
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to dismiss (#14, #15) are DENIED AS MOOT.
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Accordingly, the RPS and CAP defendants’ motions
On April 10, 2013, the RPS and CAP defendants filed motions to
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dismiss the plaintiff’s first amended complaint (#48, #49).
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Plaintiff opposed the motions (#56, #57), and defendants have
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replied (#58, #59).
Plaintiff has pled allegations that support
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its claims for relief in its first amended complaint and are
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sufficient to state claims that are plausible on their face.
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Accordingly, the motions to dismiss are DENIED WITHOUT PREJUDICE to
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renew as a motion for summary judgment at the close of discovery.
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IT IS SO ORDERED.
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DATED: This 28th day of May, 2013.
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____________________________
UNITED STATES DISTRICT JUDGE
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