Willis v. Arp

ORDER

Amy Totenberg, United States District Judge

This matter is before the Court on Defendant Newberry’s Motion to Dismiss [Doc. 9] and Plaintiffs Motion to Strike one of Defendant Green’s affirmative defenses [Doc. 24]. For the following reasons, both Motions are GRANTED.

I. MOTION TO DISMISS

A. Legal Standard

To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp.…