Miller et al v. York Risk Services Group, No. 2:2013cv01419 - Document 26 (D. Ariz. 2013)
Court Description: ORDER AND OPINION granting in part and denying in part 8 Defendant's Motion to Dismiss, see PDF document for details. Mr. Shamadan's request to be permitted to seek leave to amend is GRANTED. An amended complaint containing Mr. Shamadan's amended claims shall be filed within 14 days from the date of this order. Defendant shall respond within 14 days from the date the amended complaint is filed. Signed by Judge John W Sedwick on 12/19/13.(LSP)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 11 12 13 14 LAURIE MILLER, BRIAN DIMAS, KIM MILLS, ANTHONY SOZA, BRUCE CAMPBELL, KELLIE BOWERS, TIM HUNTER, BRIAN SAYLOR, MICHAEL SCHAMADAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF HIS WIFE, BRANDI SCHAMADAN, 15 Plaintiffs, 16 vs. 17 YORK RISK SERVICES GROUP, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:13-cv-1419 JWS ORDER AND OPINION [Re: Motion at Docket 8] 20 I. FINAL ORDER 21 After the parties briefing was completed, the court set out its preliminary view on 22 the motion at docket 8 in an order at docket 23 filed on December 9, 2013. Oral 23 argument was then heard on December 19, 2013. This order provides the court s 24 decision on the motion at docket 8. 25 After considering the lawyers well articulated arguments and reviewing 26 additional authority mentioned during oral argument, the court adopts the order at 27 docket 23. Defendant s suggestions that certain questions of law be certified for appeal 28 1 to the Ninth Circuit and referred to the Arizona Supreme Court are rejected as 2 unnecessary. 3 4 II. CONCLUSION For the reasons set out at length in the order at docket 23, Defendant s motion at 5 docket 8 to dismiss Plaintiffs complaint pursuant to Rule 12(b)(6) is DENIED IN PART 6 and GRANTED IN PART as follows: 7 1. Defendant s request that Plaintiffs RICO claims be dismissed is DENIED; 8 2. Defendant s request that Plaintiffs aiding and abetting claims be 9 dismissed is DENIED; 10 3. Defendant s request that Mr. Schamadan s claims as representative of 11 the estate of Mrs. Schamadan be dismissed to the extent they seek 12 damages for pain and suffering is GRANTED; 13 4. Defendant s request that Mr. Schamadan s individual claims be 14 dismissed is GRANTED; 15 5. Mr. Shamadan s request to be permitted to seek leave to amend is 16 GRANTED. An amended complaint containing Mr. Shamadan s amended 17 claims shall be filed within 14 days from the date of this order. Defendant 18 shall respond within 14 days from the date the amended complaint is filed. 19 DATED this 19th day of December 2013. 20 21 /S/ JOHN W. SEDWICK UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -2-
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