Matoff v. Brinker Restaurant Corp.

Proceedings: Defendant’s Motion to Dismiss Plaintiffs Second and Fourth Claims Pursuant to Federal Rule of Civil Procedure 12(b)(6)

KING, District Judge.

This matter is before the Court on the above-entitled motion. This motion is appropriate for resolution without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15 (formerly Local Rule 7.11). After carefully considering all pertinent papers, we rule as follows:

The parties are familiar with the facts in the current action. Thus, we will not repeat any facts except as necessary.

I. Introduction and Legal Standard

Pursuant to Federal Rule of Civil…