Legal Opinion

Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC

District Court, D. Colorado

Decided November 23, 2011No. Civil Action 10-cv-02516-WJM-KLMPublished

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION TO STRIKE

WILLIAM J. MARTÍNEZ, District Judge.

This matter is before the Court on Defendant’s Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (ECF No. 23), and Plaintiffs Motion to Strike Exhibits A-D to Defendant’s Motion to Dismiss (ECF No. 27). Both motions are fully briefed and ripe for adjudication. (See also ECF No. 28, 32-34.) For the following reasons, Defendant’s Motion to Dismiss is DENIED and Plaintiffs Motion to Strike is GRANTED.

I. BACKGROUND

The following allegations, contained in Plaintiffs operative…

2Cases cited10 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Ridge at Red Hawk, L.L.C. v. SchneiderCourt of Appeals for the Tenth Circuit · 2007
  3. California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
  4. Town of Hallie v. City of Eau ClaireSupreme Court of the United States · 1985
  5. Dias v. City and County of DenverCourt of Appeals for the Tenth Circuit · 2009

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