Williams v. National Housing Exchange, Inc.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Two of the plaintiffs, Donna Lee H. Williams (the “Commissioner”) and Continental Stock Transfer and Trust Company (“Continental”), have moved to dismiss Count I of defendant Resource Asset Management’s (RAM) counterclaim. The Commissioner and Continental aílege that RAM’s unjust enrichment claim must be dismissed pursuant to Rule 12(b)(6) because it fails to state a claim upon which relief may be granted. For the reasons set forth below, the motion is denied.

Legal Standards for Motions to Dismiss

On a motion to dismiss, a claim should not be…