Taylor v. Insurance Company of North America

Full title: JANICE LOUISE COOK TAYLOR, et al., Plaintiffs, v. INSURANCE COMPANY OF…

Court: United States District Court, D. Utah, Central Division

Date published: Jul 27, 2004

Case No. 2:03-CV-1036 TC (D. Utah Jul. 27, 2004)

Opinion

Case No. 2:03-CV-1036 TC.

July 27, 2004

ORDER

TENA CAMPBELL, District Judge

For the reasons set forth during the July 22, 2004 hearing on Defendants' Motions to Dismiss (Docket Nos. 3, 5, and 7), the court ORDERS as follows:

1. The Motion to Dismiss All Defendants For Failure to State a Claim Upon Which Relief Can Be Granted (Docket No. 3) is DENIED.

2. The court reserves ruling on the Motion to Dismiss Defendant Ace Limited For Lack of Personal Jurisdiction (Docket No. 5) and the Motion to Dismiss Defendant CIGNA Corporation for Lack of Personal Jurisdiction (Docket No. 7). The court grants Plaintiffs' request for limited discovery on the issue of personal jurisdiction as was specifically set forth during the hearing. Such limited discovery shall be completed no later than October 22, 2004. At the completion of the limited discovery, if Defendants Ace Limited and CIGNA Corporation so desire, they may file briefs supplementing their motions to dismiss based on lack of personal jurisdiction within thirty days of the close of discovery. Plaintiffs may file a reply to such supplemental briefing within thirty days after service of the supplemental briefs. If Defendants Ace Limited and CIGNA Corporation so desire, they may file reply briefs within ten days of service of Plaintiffs' response briefs.

IT IS SO ORDERED.