Fink v. DeClassis

MEMORANDUM ORDER

BUA, District Judge.

Plaintiffs Jacob J. Fink and Peterson Corporation have moved to dismiss several counts of defendants’ counterclaim pursuant to Fed.R.Civ.P. 12(b)(6). Specifically, plaintiffs contend that Counts I, III, IV, V, IX, X, and XI should be dismissed as to both Fink and Peterson, while Counts VI and VIII should be dismissed as to Fink only. Pursuant Fed.R.Civ.P. 12(f), plaintiffs have also moved to strike Counts IV and VIII. For the reasons stated herein, plaintiffs’ motion to dismiss is granted with respect to Counts I, III, IV, V, IX, X, and XI, and denied with…