Schmitt v. Beverly Health & Rehabilitation Services, Inc.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Senior District Judge.

This matter is before the court on defendant’s Motion to Dismiss Counts II, III, TV, and V, or For More Definite Statement (Doc. # 6). Plaintiff has responded and opposes the motion. For the reasons stated herein, the motion is granted.

I. Standards for a Motion to Dismiss

A court may dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). A coui-t judges the sufficiency of the complaint by accepting as true the well-pleaded factual allegations and drawing all reasonable inferences in…