Belkow v. Celotex Corp.

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter comes before the court on the joint motion of defendants to dismiss counts III — VIII of the plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The plaintiffs have responded by requesting voluntary dismissal of counts IV, VI and VII, and seek to dismiss these counts without prejudice. Defendants’ Motion to Dismiss counts III, V & VIII is denied in part and granted in part. Plaintiffs may dismiss counts IV, VI and VII without prejudice.

Background

Plaintiffs’ 8-count complaint alleges that plaintiff Steve…