Yeager v. Cingular Wireless LLC

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This matter is before the court on defen dant AT & T Mobility LLC’s 1 (“defendant” or “AT & T”) motion to dismiss plaintiff General Charles E. Yeager’s (“plaintiff” or ‘Yeager”) complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff opposes the motions. For the reasons set forth below, 2 defendant’s motion is DENIED.

BACKGROUND

Plaintiff Yeager is a retired General Officer of the United States Air Force. (CompL, filed Nov. 21, 2007, ¶ 5.) He served in the Air Force during World War II as a fighter pilot,…