Barnhill Contracting Co. v. Oxendine

ORDER

LOUISE W. FLANAGAN, District Judge.

This matter is before the court on the motion to dismiss for failure to state a claim by defendants Roy Bain and Bain & Rodzik PC (the “Bain defendants”) (DE 7). Plaintiff responded in opposition, and the Bain defendants replied. The court stayed further case scheduling activities pending resolution of the motion. In this posture, the issues raised are ripe for ruling. For the following reasons, the Bain defendants’ motion to dismiss will be granted in part and denied in part, and the court will lift the stay.

BACKGROUND

Plaintiff, as plan sponsor,…