Skinner v. Shirley of Hollywood

ORDER

BUA, District Judge.

Defendant seeks to dismiss this diversity action pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated herein, defendant’s motion to dismiss is granted with respect to Count V of plaintiffs’ second amended complaint, and denied with respect to the remainder of plaintiffs’ complaint.

I. FACTS

Plaintiffs Craig Skinner and Charles Skinner, d/b/a Charles Skinner and Associates (“Skinner”), are in the business of representing manufacturers of women’s lingerie and apparel. Defendant Shirley of Hollywood (“Shirley”), a division of National Corset Supply House, is a…