Krzykwa v. Phusion Projects, LLC

ORDER ON DEFENDANT’S MOTION TO DISMISS

DONALD M. MIDDLEBROOKS, District Judge.

THIS CAUSE is before the Court upon Defendant Phusion Projects, LLC’s, (“Phusion”) Motion to Dismiss (“Motion”) (DE 15), filed January 20, 2012. I have reviewed the Motion, Plaintiffs Mark Krzykwa’s (“Krzykwa”) and Ethel Thomas’s (“Thomas”) Response (DE 15), Phusion’s Reply (DE 19), Plaintiffs’ Notice of *1280Supplemental Authority (DE 24), the record in this case, and am otherwise fully advised in the premises.

On January 6, 2012, Plaintiffs filed their First Amended Class Action Complaint, in which they allege during the…