Bailey v. Atlantic Automotive Corp.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

MARVIN J. GARBIS, District Judge.

The Court has before it Defendants’ Motion to Dismiss Second Amended Complaint [Document 21] and the materials submitted relating thereto. The Court has held a hearing and has had the benefit of the arguments of counsel.

I. BACKGROUND1

In 2009, Plaintiff Olivia Buckner Bailey (“Plaintiff’ or “Bailey”) purchased a used vehicle (“the Vehicle”) from Heritage Chevrolet-Buick, Inc. (“Heritage”) that *564was not identified as having been a prior short-term rental. Subsequent to her purchase, Bailey discovered that the vehicle had…