Liang et al v. National Board of Examiners in Optometry, Inc.

Filing 40

MEMORANDUM AND ORDER denying 25 Motion of Defendant to Dismiss. Signed by Chief Judge James K. Bredar on 9/28/2018. (jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
BRENDA LIANG, O.D., et al.,

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Plaintiffs

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v.

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CIVIL NO. JKB-17-1964

NAT’L BD. OF EXAM’RS. IN
OPTOMETRY, INC.
Defendant
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MEMORANDUM AND ORDER
Pending before the Court is Defendant’s motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(1) and (6). (ECF No. 25.) For the reasons stated by the Fourth Circuit in
Hutton v. Nat’l Bd. of Exam’rs in Optometry, Inc., 892 F.3d 613 (4th Cir. 2018), the motion is
DENIED as to Defendant’s argument pertaining to lack of standing by Plaintiffs. Although the
Court also DENIES Defendant’s arguments under Rule 12(b)(6), it does so with a lack of
fulsome briefing on the nuances of the many different causes of action advanced by Plaintiffs
regarding specific application of the various states’ laws. With the benefit of discovery and more
precisely focused arguments, the Court will be in a better position to consider the merits of each
claim made. Defendant’s motion (ECF No. 25) is, therefore, DENIED.
SO ORDERED.
DATED this 28th day of September, 2018.

BY THE COURT:

/s/
James K. Bredar
Chief Judge