Filed: Jun. 16, 2014
Latest Update: Jun. 16, 2014
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on the following motions (the "Motions"): (1) Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss for Failure to State a Claim [Doc. #39, filed 01/27/2014]; (2) Third-Party Defendant Veronica Turner's Motion to Dismiss [Doc. #40, fled 01/31/2014]; and (3) Third-Party Defendant Glenn Turner's Motion to Dismiss [Doc. #51, filed 02/19/2014]. The Motions are all directed at the initial Third Party Compl
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on the following motions (the "Motions"): (1) Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss for Failure to State a Claim [Doc. #39, filed 01/27/2014]; (2) Third-Party Defendant Veronica Turner's Motion to Dismiss [Doc. #40, fled 01/31/2014]; and (3) Third-Party Defendant Glenn Turner's Motion to Dismiss [Doc. #51, filed 02/19/2014]. The Motions are all directed at the initial Third Party Compla..
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ORDER
BOYD N. BOLAND, Magistrate Judge.
This matter arises on the following motions (the "Motions"):
(1) Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss for Failure to State a Claim [Doc. #39, filed 01/27/2014];
(2) Third-Party Defendant Veronica Turner's Motion to Dismiss [Doc. #40, fled 01/31/2014]; and
(3) Third-Party Defendant Glenn Turner's Motion to Dismiss [Doc. #51, filed 02/19/2014].
The Motions are all directed at the initial Third Party Complaint [Doc. #16] filed by Third Party Plaintiff American Family Mutual Insurance Company ("American Family"). American Family filed a First Amended Third Party Complaint on May 12, 2014 [Doc. #70].
Third Party Defendant Special Kids Special Families, Inc., filed a renewed motion to dismiss the First Amended Third Party Complaint [Doc. #71] which is directed at the First Amended Third Party Complaint and incorporates by reference the arguments made in their original motion. Therefore, its initial motion to dismiss is denied as moot.
Third Party Defendants Veronica Turner and Glenn Turner's motions to dismiss are directed at the initial Third Party Complaint which is no longer extant. The Turners' motions are denied without prejudice. They may file new motions directed at the First Amended Third Party Complaint on or before July 7, 2014.
IT IS ORDERED:
(1) The Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss for Failure to State a Claim [Doc. #39] is DENIED AS MOOT;
(2) Third-Party Defendant Veronica Turner's Motion to Dismiss [Doc. #40] is DENIED WITHOUT PREJUDICE;
(3) Third-Party Defendant Glenn Turner's Motion to Dismiss [Doc. #51] is DENIED WITHOUT PREJUDICE; and
(4) On or before July 7, 2014, Third-Party Defendants Veronica Turner and Glenn Turner may submit new motions to dismiss which are directed at the First Amended Third Party Complaint.