Terrell v. Childers

' MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiffs Charles and Karen Terrell bring this eight count action against their financial advisers, alleging breach of contract, breach of fiduciary duty, fraud, conspiracy to commit fraud, negligent misrepresentation, declaratory judgment, RICO, and RICO conspiracy. Defendants John Childers, Michael Childers, Frank Schuette, and Talent Services, Inc. have moved to dismiss the complaint in its entirety. For the reasons set forth below, we deny defendants’ motion to dismiss.

I. Motion to Dismiss Standard

A motion to dismiss should not be…