Davis
Davis v. National Interstate Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 ANTHONY DAVIS, Case No. 1:23-cv-00936-CDB Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS FIRST AMENDED
v. COMPLAINT WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 12(b)(6) NATIONAL INTERSTATE INSURANCE COMPANY, (Doc. 12) 15 Defendant. 16 17 Pending before the Court is the motion by Defendant National Interstate Insurance Company (NIIC) to strike and dismiss the first amended complaint (FAC) of Plaintiff Anthony Davis, filed September 13, 2023, pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f). (Doc. 18).1 Pursuant to Local Rule 230(c), Plaintiff was required to file an opposition or statement of non- opposition no later than September 27, 2023. Plaintiff did not make a timely filing, and as of the date of entry of this Order, has not requested an extension of time or otherwise communicated with the Court. Because the Court deems the matter suitable for disposition without hearing and oral argument, the motion hearing noticed for October 20,…