McInerney v. Moyer Lumber and Hardware, Inc.

MEMORANDUM

RUFE, District Judge.

Before the Court is Defendants’ Motion to Dismiss and Motion to Strike Plaintiffs’ Complaint. For the reasons set forth below, Defendants’ motion will be granted in part and denied in part.

I. STANDARD OF REVIEW 1

A court should not dismiss a complaint under Rule 12(b)(6) for failure to state a claim for relief “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). In evaluating whether dismissal is proper, a…