Dolla v. Unicast Co.

MEMORANDUM AND ORDER

JOYNER, District Judge.

I

Defendant Unicast Company (“Uni-cast”) seeks an order dismissing three of the five claims contained in Plaintiff Stephen Doha’s complaint pursuant to Fed.R.Civ.P. 12(b)(6). A Rule 12(b)(6) motion is the proper means by which a defendant challenges the legal sufficiency of a complaint. Jones v. Hinton, 847 F.Supp. 41, 42 (E.D.Pa.1994). To defeat the motion, the plaintiff must set forth facts which state a claim as a matter of law. Taha v. INS, 828 F.Supp. 362, 364 (E.D.Pa.1993). The court must accept as trae all of the factual averments in the…