Indy Lube Investments, L.L.C. v. Wal-Mart Stores, Inc.

MEMORANDUM AND ORDER

O’HARA, United States Magistrate Judge.

I. Introduction.

This case arises from a failed commercial real estate transaction. It involves common law contract and tort claims. Pursuant to Fed.R.Civ.P. 12(b)(6), the case is before the court on the motion of defendants DVL, Inc. and Finney Associates, L.P. 1 (collectively, DVL), to dismiss all of the claims asserted against DVL in the first amended complaint of the plaintiff, Indy Lube Investments, L.L.C. (Indy Lube) (doc. 56). Also before the court is the Rule 12(b)(6)-motion of defendant Wal-Mart Stores, Inc. (Wal-Mart), to…