Smith v. American Pain and Wellness, PLLC

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RICHARD SMITH and SHAE LOFTICE, § on behalf of themselves and all others § similarly situated, § § Plaintiffs, § Civil Action No. 4:23-CV-295 § Judge Mazzant v. § § AMERICAN PAIN AND WELLNESS, § PLLC, § Defendant. § § MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant’s Rule 12(b)(1) and (6) Motion to Dismiss (Dkt. #8). Having considered the motion and the relevant pleadings, the Court finds that the motion should be GRANTED in part and DENIED in part. BACKGROUND Defendant American Pain and Wellness, PLLC…