Doe ex rel. Smith v. Sobeck

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendants John Sobeck, Cynthia Broskie and the H Group BBT, Inc. (“the H Group”) (Doc. 15). Jane Doe, by her mother and guardian Sabra Smith (“Sabra”) and by her father Mark Smith, has responded to the motion (Doc. 19), and the defendants have replied to that response (Doc. 23).

*1020I. Standard for Dismissal

When reviewing a Rule 12(b)(6) motion to dismiss, the Court accepts as true all allegations in the complaint. Erickson…