Lynch v. State Farm Mutual Automobile Insurance Co
| Uhura Lynch |
| State Farm Mutual Automobile Insurance Company and State Farm Mutual Automobile Insurance Co |
| 4:2022cv00813 |
| September 8, 2022 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on November 4, 2022. A more recent docket listing may be available from PACER.
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER On September 9, 2022, State Farm filed a Partial Motion to Dismiss. State Farm seeks to dismiss the request for punitive damages in Ms. Lynch's Complaint. Ms. Lynch did not respond and the time to do so has expired. The Court agrees that nothing in the Complaint suggests in any way that punitive damages would be available in this case. However, the Court has concerns that a 12(b)(6) motion may not be the appropriate vehicle and this might not be the appropriate time to eliminate the punitive damages request. Specifically, the Court questions whether punitive damages is itself a claim that is fairly subject to a 12(b)(6) motion. Or, rather, are punitive damages simply a remedy for a claim, and thus not subject to 12(b)(6) resolution? Both parties may file a supplemental brief on this issue on or before November 14, 2022. Signed by Judge Lee P. Rudofsky on 11/4/2022. (jwp)
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| Filing 8 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 11/30/2022 and Jury Trial set for 11/28/2023 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 9/14/2022. (hml) |
| Filing 7 BRIEF IN SUPPORT re #6 Motion to Dismiss (PARTIAL) filed by State Farm Mutual Automobile Insurance Co. (Runyon, Emily) |
| Filing 6 MOTION to Dismiss (PARTIAL) by State Farm Mutual Automobile Insurance Co (Runyon, Emily) |
| Filing 5 PARTIAL ANSWER to #2 Complaint with Jury Demand by State Farm Mutual Automobile Insurance Co. (Attachments: #1 Exhibit A)(Runyon, Emily) |
| Filing 4 Corporate Disclosure Statement (Rule 7.1) by State Farm Mutual Automobile Insurance Co (Runyon, Emily) |
| NOTICE OF DOCKET CORRECTION re #1 Notice of Removal and #2 Complaint. CORRECTION: The docket text was modified to correct the party name as "State Farm Mutual Automobile Insurance Co" as indicated by the document. (cmn) |
| Filing 3 Deficiency Letter from Clerk of Court re #1 Notice of Removal notifying party that a Corporate Disclosure Statement was not filed with first appearance, pleading, petition, motion, response, or other request (F.R.Cv.P. 7.1). (ldb) |
| Filing 2 COMPLAINT with Jury Demand filed by Uhura Lynch against State Farm Mutual Automobile Insurance Co. (ldb) (Docket text modified on 9/9/2022 to correct party name.)(cmn) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Co from Pulaski County Circuit Court, case number 60CV-22-5120. Fee $402, receipt number LIT088195. (Attachments: #1 Civil Cover Sheet) (ldb) (Docket text modified on 9/9/2022 to correct party name.)(cmn) |
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