Moss v. Walgreen Co.

ORDER DENYING MOTION TO DISMISS

JAMES I. COHN, District Judge.

THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss Plaintiffs Complaint [DE 20] (“Motion to Dismiss”). The Court has considered the Complaint [DE 1], the Motion to Dismiss, the Memorandum of Law in Support of Defendant’s Motion to Dismiss [DE 21], Plaintiffs response [DE 30], Defendant’s reply [DE 37], and is otherwise advised in the premises.

I. INTRODUCTION

Plaintiff Howard Moss commenced this action on October 29, 2010, on behalf of himself and all others similarly situated against Defendant Walgreen Co. His…