Dinwiddie v. Suzuki Motor of America, Inc.

ORDER

LEE R. WEST, District Judge.

This matter comes before the Court on the Motion to Dismiss First Amended Class Action Complaint filed by defendant Suzuki Motor of America, Inc. (“Suzuki Motor”). Plaintiff Jason Dinwiddie1 has *1205responded, and Suzuki Motor has filed a reply. Based upon the record, the Court makes its determination.

To the extent Suzuki Motor has challenged the factual sufficiency of Dinwiddie’s allegations in his first amended complaint under Rule 12(b)(6), F.R.Civ.P., the United States Supreme Court has set forth the standards that this Court must use in determining whether…