Diop v. BMW of North America, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:20-CV-00025-M IBRAHIMA DIOP, ) Plaintiff, ) V. ORDER BMW OF NORTH AMERICA, LLC, Defendant.) This matter is before the court on Defendant BMW of North America, LLC’s (hereinafter “BMW’”) Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) [DE- 23]. For the reasons that follow, the motion will be denied. I. Factual and Procedural Background Plaintiff Ibrahima Diop (hereinafter “Diop’’) filed suit in this court in January 2020 alleging that BMW concealed a defect…