December 19, 2013
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, Plaintiffs,
YORK RISK SERVICES GROUP, Defendant.
ORDER AND OPINION
JOHN W. SEDWICK, District Judge.
I. FINAL ORDER
After the parties' briefing was completed, the court set out its preliminary view on the motion at docket 8 in an order at docket 23 filed on December 9, 2013. Oral argument was then heard on December 19, 2013. This order provides the court's decision on the motion at docket 8.
After considering the lawyers' well articulated arguments and reviewing additional authority mentioned during oral argument, the court adopts the order at docket 23. Defendant's suggestions that certain questions of law be certified for appeal to the Ninth Circuit and referred to the Arizona Supreme Court are rejected as unnecessary.
For the reasons set out at length in the order at docket 23, Defendant's motion at docket 8 to dismiss Plaintiffs' complaint pursuant to Rule 12(b)(6) is DENIED IN PART and GRANTED IN PART as follows:
1. Defendant's request that Plaintiffs' RICO claims be dismissed is DENIED;
2. Defendant's request that Plaintiffs' aiding and abetting claims be dismissed is DENIED;
3. Defendant's request that Mr. Schamadan's claims as representative of the estate of Mrs. Schamadan be dismissed to the extent they seek damages for pain and suffering is GRANTED;
4. Defendant's request that Mr. Schamadan's individual claims be dismissed is GRANTED;
5. 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.