P-K Tool & Mfg. Co. v. General Electric Co.

MEMORANDUM ORDER

BUA, District Judge.

Defendant, General Electric Company (“G.E.”), has moved this Court for an order dismissing Count II of plaintiff’s, P-K Tool & Mfg. Co. (“P-K”), complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has moved for leave to file an amended complaint. For the reasons stated below, P-K’s motion for leave to file an amended complaint is granted. G.E.’s motion, considered as a motion to dismiss Count II of the amended complaint, is granted.

I. FACTS

In considering a motion to dismiss under Rule 12(b)(6), a complaint should not be…