Thomas v. Indiana Oxygen Co.

ORDER

JANE MAGNUS-STINSON, District Judge.

Presently before the Court in this alleged employment discrimination action is Defendant Indiana Oxygen Company, Inc.’s (“Indiana Oxygen”) Motion to Dismiss Plaintiff’s Complaint- and/or Cap Plaintiff’s Damages Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. [Filing No. 9.] For the following reasons, the Court DENIES Indiana Oxygen’s motion.

I

STANDARD OF REVIEW

The purpose of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) is to test the sufficiency of the complaint, not to decide the merits of the case. Rule…