Thrift Development Corporation v. American International Group Inc et al, No. 8:2012cv00861 - Document 45 (D.S.C. 2012)
Court Description: 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, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Thrift Development Corporation ) ) Plaintiff, ) ) vs ) ) American International Group, Inc.; ) Chartis Inc. And American Home ) Assurance Co., ) ) 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
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