Collins & Co., Inc. v. City of Jacksonville

ORDER

NIMMONS, District Judge.

This cause comes before the Court on Defendant’s Motion to Dismiss (Dkt.5) and Plaintiffs’ Response (Dkt.6) in opposition thereto. Also filed herein is Plaintiffs’ Notice of Supplemental Authority (Dkt.25).

I. Motion to Dismiss Standard

It is well established that “a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would not be entitled to recover under any state of facts which could be proved in support of his claim.” Cook & Nichol, Inc. v. Plimsoll Club, 451 F.2d 505, 506 (5th Cir.1971);…