Jose Rios, Individually and on Behalf of All Others Similarly Situated v. Dr. Everett G. Dillman, Etc., Etc.

GOLDBERG, Circuit Judge:

This case comes to us as an appeal from an order dismissing plaintiffs’ complaint for failure to state a claim upon which relief can be granted, Fedit.Civ.Pro. 12(b)(6). 1 The focus of our review is simple. In testing the sufficiency of a complaint against a 12(b)(6) motion to dismiss, the trial court must utilize the now familiar litmus from Conley v. Gibson, 1957, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80.

[O]ver and over and over again — but apparently not often enough — this Court has stated, explained, reiterated, stressed, rephrased, and emphasized one simple,…