Opinion
2:22-cv-02541-JTF-atc
05-19-2023
LESLIE JONES AND ALEXIS JONES, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.
ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS
JOHN T. FOWLKES, JR., UNITED STATES DISTRICT JUDGE
Before the Court is Defendant State Farm Fire and Casualty Company's partial Motion to Dismiss, filed on December 22, 2022. (ECF No. 23.) Under the local rules of this district, a response was due 28 days after the motion was served. LR 12.1. Thus, a response was due on January 25, 2023. No response came in that time, and the Court entered an Order to Show Cause on January 30, 2023, ordering the Plaintiffs to file a response by February 9, 2023. (ECF No. 24.) In that Order, the Court stated that it would consider granting the Motion due to a lack of opposition if no response was filed. (Id.) No response was filed by February 9, 2023. For the below reasons, the Defendant's Motion is hereby GRANTED.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
The facts of the complaint are relatively brief and are taken as true for the purposes of this motion. On April 25, 2021, an accidental electrical fire severely damaged property held by the Plaintiffs, Alexis and Leslie Jones, at 3482 Aaron Road, Memphis, Tennessee 38109.