Cornelisen v. Gunnarson

RULING

SAM, Chief Judge.

This matter is before the court on defendant’s motion to dismiss. The court has reviewed the pleadings and, pursuant to DU-CivR 7-1 (f) will determine the matter based on the written memoranda of the parties without the assistance of oral argument.

Defendant Gunnarson has filed a motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief may be granted. See Fed.R.Civ.P. 12(b)(1), 12(b)(6) respectively. The resolution of a motion to dismiss is determined by assessing the legal sufficiency of the allegations as they are “contained within…