ITT Commercial Finance Corp. v. Unlimited Automotive, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Presently before the court are the motions of defendants Bank One Milwaukee, N.A. (“Bank One”) and Richard Messenger to dismiss respectively Counts III and IV of plaintiffs second-amended complaint for lack of subject matter jurisdiction. For the reasons set forth below, we deny both motions.

I. Motion to Dismiss Standard

A motion to dismiss should not be granted unless it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct.…