Memorandum Opinion and Order

Pending are the motions of Plaintiff Hutchens to remand and Defendant Progressive Paloverde Insurance Company ("Progressive") to dismiss this action based either on Plaintiff's lack of standing or on failure to state a claim upon which relief can be granted. Plaintiff's motion is DENIED, Defendant's motion to dismiss under Rule 12(b){6) is GRANTED and its motion to dismiss for lack of standing is DENIED as moot.