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Roger Benson and Sheri Benson v. Continental Insurance Company and Omni Financial Services

Case Number: 
5:00-cv-00863

Memorandum Opinion and Order

Pending are 1) Plaintiffs' motion to remand this action to the Circuit Court of Raleigh County, West Virginia, and 2) Indigo Financial Services' motion to dismiss for failure to state a claim for which relief can be granted. Because Plaintiffs filed a Notice of Dismissal against the previously named Defendant Indigo Financial Services, a notice which was attached to Plaintiffs' Second Amended Complaint, filed in Raleigh County prior to removal, the Court GRANTS the second motion and dismisses the complaint as to Indigo Financial Services and, for reasons discussed below, Omni Financial Services, L. L. C. , the recently substituted Defendant. Plaintiffs' motion to remand is DENIED, as well.

Date: 
Thursday, November 16, 2000