Thrift Development Corporation v. American International Group Inc et al

Filing 45

OPINION AND ORDER denying 13 Motion to Strike ; denying 13 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Mary G Lewis on 9/21/12.(alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION

Thrift Development Corporation

)
)
Plaintiff,
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vs
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American International Group, Inc.;
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Chartis Inc. And American Home
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Assurance Co.,
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Defendants.
)
____________________________________)

CA 8:12-861-MGL
Opinion and Order

This matter comes before the Court on Defendants’ motion filed pursuant to Rules 12(b)(6),
12(b)(2), and 12(f) of the Federal Rules of Civil Procedure for an Order dismissing Plaintiff’s
Complaint and/or striking from the Complaint Plaintiff’s exemplary damages allegations. Plaintiff
opposes Defendants’ motion.
On September 20, 2012, the Court held a hearing wherein counsel for both parties presented
arguments. After consideration of the arguments of counsel, review of the applicable law and the
memoranda submitted, the Court finds that Defendants’ motion to dismiss and/or strike should be
and is hereby DENIED.
IT IS SO ORDERED.

s/ Mary G. Lewis
United States District Judge
September 21, 2012
Spartanburg, South Carolina