Wise Recycling, LLC v. M2 Logistics

ORDER

JORGE A. SOLIS, District Judge.

Now before the Court is Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6), filed on February 14, 2013. (Doc. 7.) Plaintiff filed a Response on March 7, 2013. (Doc. 8.) Defendant filed a Reply on March 21, 2013. (Doc. 11.) After reviewing the parties’ briefing, the evidence, and the applicable law, the Court GRANTS in part and DENIES in part Defendant’s Motion to Dismiss.

I. Background

Plaintiff Wise Recycling, LLC (‘Wise”) enlisted the services of Defendant M2 Logistics, Inc. (“M2”) in connection with shipment of 36,471 pounds of bare bright copper.…