Resolution Trust Corp. v. Holland & Knight

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

HIGHSMITH, District Judge.

THIS CAUSE came before the Court upon Defendant’s Motion to Dismiss Count II of the Complaint. For the reasons stated below, the Court denies the defendant’s motion.

STANDARD OF REVIEW

To state a claim, Fed.R.Civ.P. 8(a) requires “a short and plain statement of the claim that will give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957) (quoting Fed.R.Civ.P. 8(a)). The court must “take the material allegations…