Assalone v. S-L Distribution Co.

MEMORANDUM

CHRISTOPHER C. CONNER, Chief Judge.

Presently before the court in the above-captioned matter is a motion (Doc. 33) to dismiss the second amended complaint (Doc. 31), pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by defendant S-L Distribution Company, Inc., f/k/a SOH Distribution Company, Inc. (“S-L Distribution”). The motion is fully briefed and the issues are ripe for disposition. For the reasons that follow, the court will grant S-L’s motion in its entirety and dismiss plaintiffs’ second amended complaint without prejudice.

I. Factual and Procedural History

The instant…