It does, however, point out that a claim for punitive damages pursuant to O.C.G.A. ยง 51-12-5.1 must plead facts that give rise to such a claim, and a complaint cannot contain only "a threadbare recital of the elements for such a claim." Doc. 16-1 at 19 (citing Taylor v. MillerCoors, LLC , 2014 WL 4179918 at *1 (M.D. Ga. Aug. 20, 2014) ). This is true, and Rule 12(b)(6) would demand a dismissal of such a conclusory pleading.
In such situations, a number of courts have concluded, either expressly or impliedly, that a Rule 12(b)(6) motion is the proper vehicle for challenging the sufficiency of a prayer for relief. See, e.g., Taylor v. MillerCoors, LLC, 2014 WL 4179918, at *1 (M.D. Ga. Aug. 20, 2014) (granting, without comment as to propriety, motions to dismiss plaintiff's claim for punitive damages); Pate v. Winn-Dixie Stores, Inc., 2014 WL 895610, at *2 (S.D. Ga. Mar. 6, 2014) (Wood, C.J.) (treating, without comment, defendant's request to strike plaintiff's prayer for punitive damages as a motion to dismiss prayer); Kelley v. Corrs. Corp. of Am., 750 F. Supp. 2d 1132, 1148 (E.D. Cal. 2010) ("Defendant's motion to strike Plaintiff's claims for punitive damages pursuant to Rule 12(f) is construed by the court to be a motion to dismiss pursuant to Rule 12(b)(6)."); Beaulieu v. Bd. of Trs. of Univ. of W. Fla., 2007 WL 2900332, at *8 (N.D. Fla. 2007) ("Defendant's motion to strike is more properly characterized as a motion to dismiss and shall be treated as such."); Lahey v. JM Mortg. Servs., Inc., 2000 WL 420851, at *7 (N.D. Ill. Apr. 18, 2000) ("[T]he correct Rule under which a defendant asserts that a plaintiff is not entitled to punitive damages[] is Rule 12(b)(6).")