Drake v. CommScope Technologies, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:24-CV-00233-KDB-DCK JUSTIN DRAKE, Plaintiff, v. MEMORANDUM AND ORDER COMMSCOPE TECHNOLOGIES, LLC, Defendant. THIS MATTER is before the Court on Defendant CommScope’s Motion to Dismiss (Doc. No. 19). The Court has carefully considered this motion and the Parties’ briefs and exhibits. For the reasons discussed below, the Court will DENY the motion. I. LEGAL STANDARD A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for “failure to state a claim upon which…