Opinion
Civil Action 23-cv-87
05-23-2023
ORDER
TIMOTHY J. SAVAGE, J.
NOW, this 23rd day of May, 2023, upon consideration of the Defendants' Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim (Doc. No. 17), the plaintiff's response, and the defendants' reply, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1. To the extent the motion seeks dismissal of Counts I and II of the Amended Complaint, it is DENIED.
2. To the extent the motion seeks dismissal of Count III of the Amended Complaint, it is GRANTED.
3. Count III of the Amended Complaint is DISMISSED.