Sell v. Price

DECISION AND ENTRY ADOPTING REPORT OF MAGISTRATE IN ITS ENTIRETY

RICE, District Judge.

The captioned cause is before this Court upon motions to dismiss by Defendants Charles E. Price and the City of Troy, and by Defendant Kar Gard Muffler Centers of Ohio, Inc. (Kar Gard). Three grounds are alleged, to wit:

1. This Court lacks subject matter jurisdiction over the cause of action;

2. The complaint fails to state a claim upon which relief can be granted; and

3. The applicable statute of limitations has expired.

Fed.R.Civ.P. 12(b)(1), (6). In addition, Defendants, Charles E. Price and the City of Troy,…