Opinion
2:23-cv-127-AMM
02-09-2024
DEVINO SMITHEN, et al., Plaintiffs, v. BOYD BROS TRANSPORTATION, INC., et al. Defendants.
MEMORANDUM OPINION ON MOTION TO DISMISS
ANNA M. MANASCO UNITED STATES DISTRICT JUDGE
This case is before the court on a partial motion to dismiss filed by Defendant Boyd Bros. Transportation, LLC (“Boyd”). Doc. 13. The motion is fully briefed. Docs. 14, 21, 24.
Boyd does not direct this court to any controlling caselaw compelling dismissal of any of Mr. Devino Smithen's claims, nor does it establish that Mr. Smithen failed to state a claim under Federal Rule of Civil Procedure 12(b)(6). Therefore, the motion is DENIED.
DONE and ORDERED.