United States District Court, D. Nevada
before the court is defendant Hartford Financial Services
Group, Inc.'s (“Hartford”) motion to dismiss.
(ECF No. 5). Plaintiff has not filed a response, and the time
for doing so has since passed.
before the court is defendant Hartford and defendant Sentinel
Insurance Company, Ltd.'s (“Sentinel”) joint
motion to dismiss. (ECF No. 6). Plaintiff LV Diagnostics, LLC
filed a response (ECF No. 10), to which defendants replied
(ECF No. 12).
and defendant Sentinel entered into an insurance contract
covering the building and business personal property located
at 600 South Martin Luther King Blvd., Las Vegas, Nevada.
(ECF No. 1). The coverage dates for the policy ran from
December 1, 2014 to December 1, 2015. Id. On April
8, 2015, someone broke into plaintiff's business and
stole a large amount of plaintiff's medical and business
equipment. Id. Plaintiff alleges that the equipment
was covered by the policy. Id.
April 13, 2015, plaintiff submitted a claim to defendants
regarding the lost property. Id.. On June 15, 2015,
defendants wrote to plaintiff, stating that in attempts to
complete their investigation and adjustment of loss
defendants needed additional documentation to support
plaintiff's claim. Id. Plaintiff sent defendants
the requested documentation. Id. On July 6, 2015,
defendants again wrote plaintiff to state that the provided
documentation was insufficient. Id. The letter
requested additional records. Id.
states that on at least two occasions thereafter it provided
defendants with supporting documentation. Id.
“Each time the documentation was deemed insufficient by
Defendants and the claim denied.” Id.
may dismiss a complaint for “failure to state a claim
upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide “[a]
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands “more than labels and
conclusions” or a “formulaic recitation of the
elements of a cause of action.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level.” Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to “state a claim to relief
that is plausible on its face.” Iqbal, 556
U.S. 662, 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the elements
of a cause of action, supported only by conclusory
statements, do not suffice. Id. at 678.
the court must consider whether the factual allegations in
the complaint allege a plausible claim for relief.
Id. at 679. A claim is facially plausible when the
plaintiff's complaint alleges facts that allow the court
to draw a reasonable inference that the defendant is liable
for the alleged misconduct. Id. at 678.
the complaint does not permit the court to infer more than
the mere possibility of misconduct, the complaint has
“alleged-but not shown-that the pleader is entitled to
relief.” Id. (internal quotation marks
omitted). When the allegations in a complaint have not
crossed the line from conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The Starr court stated, in relevant
First, to be entitled to the presumption of truth,
allegations in a complaint or counterclaim may not simply
recite the elements of a cause of action, but must contain
sufficient allegations of underlying facts to give fair
notice and to enable the opposing party to defend itself
effectively. Second, the factual allegations that are taken
as true must plausibly suggest an entitlement to relief, such
that it is not ...