Filed: Apr. 26, 2018
Latest Update: Apr. 26, 2018
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Granted Pursuant to Fed.R.Civ.P. 12(b)(6). Having considered defendant's motion, plaintiffs' Opposition (#23), and defendant's Reply (#28), and reviewed the pleadings, the Court enters the following Order. ORDER IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Gran
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Granted Pursuant to Fed.R.Civ.P. 12(b)(6). Having considered defendant's motion, plaintiffs' Opposition (#23), and defendant's Reply (#28), and reviewed the pleadings, the Court enters the following Order. ORDER IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Grant..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the Court on defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Granted Pursuant to Fed.R.Civ.P. 12(b)(6). Having considered defendant's motion, plaintiffs' Opposition (#23), and defendant's Reply (#28), and reviewed the pleadings, the Court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss for Failure to State a Claim on Which Relief Can be Granted Pursuant to Fed.R.Civ.P. 12(b)(6) (#19) is DENIED without prejudice as to defendant reasserting its substantive argument at summary judgment after the close of discovery.
The Court does note, as did defendant, that the Opposition is not accompanied by a Certificate of Service as required under L.Cv.R 5.3(c). While such is error, the Court will not dismiss the Complaint, as defendant suggests in its Reply, as it is readily apparent from the NEF that defendant was electronically served with a copy. Plaintiff shall, however, rectify the error by filing a Certificate of Service.
