Leach v. BB & T Corp.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS BRIAN MCDANIEL UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(5)

KEELEY, District Judge.

Before the Court is the motion of defendants BB & T Corporation (“BB & T”) and *547Brian McDaniel (“McDaniel”) to dismiss McDaniel under Federal Rule of Civil Procedure 12(b)(5) for insufficiency of service of process. For the following reasons, the Court GRANTS the defendants’ motion.

I. RELEVANT FACTS AND PROCEDURAL HISTORY

This is an age discrimination claim brought under the West Virginia Human Rights Act (“WVHRA”). The plaintiff, Marlene Leaeh(“Leach”), was 54 years…