Blauschild ex rel. Kookbox Surfboards, Inc. v. Tudor

MEMORANDUM AND ORDER

WEXLER, District Judge:

Before the Court are the following motions: (1) ■ Defendant’s motion to dismiss the Plaintiffs Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), and (2) Plaintiffs motion to disqualify Defendant’s counsel, Milberg & De Phillips, P.C. For the following reasons, Defendant’s motion to dismiss is granted in part and denied in part. Plaintiffs motion to disqualify Defendant’s counsel is denied without prejudice.

BACKGROUND

In or around 2008, the Plaintiff, Andrew Blauschild (“Blauschild”), and the Defendant, Joel Tudor…