Liang v. Nat'l BD. of Exam'rs. in Optometry, Inc., JKB-17-1964. (2018)
Court: District Court, D. Maryland
Number: infdco20181002j46
Visitors: 13
Filed: Sep. 28, 2018
Latest Update: Sep. 28, 2018
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR , District Judge . Pending before the Court is Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (ECF No. 25.) For the reasons stated by the Fourth Circuit in Hutton v. Nat'l Bd. of Exam'rs in Optometry, Inc., 892 F.3d 613 (4th Cir. 2018), the motion is DENIED as to Defendant's argument pertaining to lack of standing by Plaintiffs. Although the Court also DENIES Defendant's arguments under Rule 12(b)(6), it
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR , District Judge . Pending before the Court is Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (ECF No. 25.) For the reasons stated by the Fourth Circuit in Hutton v. Nat'l Bd. of Exam'rs in Optometry, Inc., 892 F.3d 613 (4th Cir. 2018), the motion is DENIED as to Defendant's argument pertaining to lack of standing by Plaintiffs. Although the Court also DENIES Defendant's arguments under Rule 12(b)(6), it d..
More
MEMORANDUM AND ORDER
JAMES K. BREDAR, District Judge.
Pending before the Court is Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (ECF No. 25.) For the reasons stated by the Fourth Circuit in Hutton v. Nat'l Bd. of Exam'rs in Optometry, Inc., 892 F.3d 613 (4th Cir. 2018), the motion is DENIED as to Defendant's argument pertaining to lack of standing by Plaintiffs. Although the Court also DENIES Defendant's arguments under Rule 12(b)(6), it does so with a lack of fulsome briefing on the nuances of the many different causes of action advanced by Plaintiffs regarding specific application of the various states' laws. With the benefit of discovery and more precisely focused arguments, the Court will be in a better position to consider the merits of each claim made. Defendant's motion (ECF No. 25) is, therefore, DENIED.
SO ORDERED.
Source: Leagle
