Whitmore et al v. American Dream Logistics, Inc. et al

Filing 33

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant's motion to dismiss [#28] is denied. Signed by Honorable Rodney W. Sippel on 11/2/11. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LUTHER WHITMORE, et al.,
Plaintiffs,
vs.
AMERICAN DREAM LOGISTICS,
INC., et al.,
Defendants.

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Case No. 4:11CV1170 RWS

MEMORANDUM AND ORDER
This matter is before me on defendant Penske’s motion to dismiss. Having reviewed the
motion in light of the relevant standards, it will be denied. Whether plaintiffs can ultimately
prove their claims against defendant is not properly before me at this time. Dismissal is not
appropriate at this stage in the litigation as plaintiffs have adequately alleged their claims.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss [#28] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 2nd day of November, 2011.