Capitol Specialty Insurance Corporation v. Tayworsky LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION CAPITOL SPECIALTY INSURANCE CORPORATION, Plaintiff, v. CIVIL ACTION NO. 2:16-cv-11340 TAYWORSKY LLC, et al, Defendants. MEMORANDUM OPINION AND ORDER Pending before the Court are Defendant Melissa Dawn Tate’s (“Tate”) Motion to Dismiss Pursuant to Rule 12(b)(1) or in the Alternative, Motion to Stay, (ECF No. 46), and Motion to Dismiss for Lack of Proper Service, (ECF No. 49). For the reasons that follow, both motions are DENIED. I. BACKGROUND This is a declaratory judgment action in which…