Marie v. Pacific Life Insurance Company

FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Sep 21, 2023 4 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON SIMONA G. MARIE and THOMAS LEWIS, spouses; and ALTCONT, LLC, a No. 4:23-CV-05093-SAB Washington limited liability company, 12 Plaintiffs, ORDER DENYING 13 v. MOTION TO DISMISS PACIFIC LIFE INSURANCE COMPANY, a foreign corporation; HARDING FINANCIAL PARTNERS, INC., a foreign corporation; ANDREW J.

18 BROWN, an individual, 19 Defendants.

21 On August 29, 2023, this Court ordered Plaintiffs Simona Marie and Thomas Lewis to file an amended complaint in accordance with Federal Rule Civil Procedure 15(a)(1)(B) or a response to Defendant Pacific Life Insurance Company’s Motion to Dismiss Pursuant to FRCP 12(b)(6) and 9(b), ECF No. 8.

25 Pacific Life Insurance Company’s Motion alleges Plaintiffs’ breach of contract, negligent misrepresentation, and Consumer Protection Act claims do not plead sufficiently detailed or specific factual allegations and are, therefore, defective for failing to articulate a plausible claim as required by the U.S. Supreme Court’s 1|| decision in Ashcroft v. Igbal, 556 U.S. 662 (2009).

2 Plaintiffs timely filed both their First Amended Complaint, ECF No. 12, and a Response, ECF No. 13. As such, the Court DENIES with leave to renew Defendant Pacific Life Insurance Company’s Motion to Dismiss as moot.

5|| Plaintiff's Response is stricken as moot.

Accordingly, IT IS HEREBY ORDERED: 1. Defendant Pacific Life Insurance Company’s Motion to Dismiss for 8|| Failure to State a Claim, ECF No. 8, is DENIED with leave to renew.

9 IT IS SO ORDERED. The District Court Executive is hereby directed to 10)| file this Order and provide copies to counsel.

11 DATED this 21st day of September 2023.

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17 Stanley A. Bastian 18 Chief United States District Judge 22)