Limtiaco v Auctioncars.com, LLC

Filing 13

ORDER denying Defendant's 8 Motion to Dismiss. Signed by Judge Roger L. Hunt on 10/11/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALICIA L. LIMTIACO,

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Plaintiff(s),
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vs.
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AUCTION CARS.COM, LLC.,
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Defendant(s).
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____________________________________)

Case No. 2:11-cv-370-RLH-PAL
ORDER
(Motion to Dismiss–#8)

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Before the Court is Defendant’s Motion to Dismiss (#8, filed April 28, 2011). Plaintiff

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filed a Response (#10), to which Defendant filed a Reply (#11). The motion is based upon Rule

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12(b)(1) and (6). (There is also a request for attorney fees and costs pursuant to Fed. R. Civ. P. 11,

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but was withdrawn in the Reply.)

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A court may dismiss a plaintiff’s complaint for “failure to state a claim upon which

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relief can be granted.” Fed. R. Civ. P. 12(b)(6). A properly pled complaint must provide “a short and

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plain statement of the claim showing that the pleader is entitled to relief.” While a pleading generally

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need not contain detailed allegations, it must allege sufficient facts “to raise a right to relief above the

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speculative level.” Bell Atlantic Corp. V. Twombly, 550 U.S. 544, 555 (2007). A complaint does not

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allege sufficient facts to raise a right to relief above the speculative level if it contains nothing more
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than “labels and conclusions” or a “formulaic recitation of the elements of a cause of action.”

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Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Papasan v. Allain, 478 U.S. 265, 286 (1986)).

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Instead, in order to survive a motion to dismiss, a complaint must contain sufficient factual matter to

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“state a claim to relief that is plausible on its face.” Iqbal, 129 S. Ct. At 1949 (internal citations

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omitted).

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In Ashcroft v. Iqbal, the Supreme Court provided a two-step approach for district

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courts to apply when considering motions to dismiss. First, the court must accept as true all factual

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allegations in the complaint. Id. at 1950. A court does not, however, assume the truth of legal

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conclusions merely because the plaintiff casts them in the form of factual allegations. Id. at 1950;

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Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003). Mere recitals of the

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elements of a cause of action, supported only by conclusory statements also do not suffice. Iqbal, 129

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S. Ct. at 1949. Second, the court must consider whether the factual allegations in the complaint allege

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a plausible claim for relief. Id. at 1950. “A claim has facial plausibility when the plaintiff pleads

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factual content that allows the court to draw a reasonable inference that the defendant is liable for the

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alleged misconduct.” Id. at 1949. Thus, where the complaint does not permit the court to infer more

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than the mere possibility of misconduct, the complaint has “alleged—but not shown—that the pleader

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is entitled to relief.” Id. (Internal quotation marks omitted). When the claims in a complaint have not

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crossed the line from conceivable to plausible, plaintiff’s complaint must be dismissed. Twombly,

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550 U.S. at 570.

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This is not a motion for summary judgment and will not be considered as such. Even

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if it were, there are material questions of fact which would preclude granting a motion for summary

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judgment at this stage in the proceedings.

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Plaintiff has adequately alleged sufficient facts “to raise a right to relief above the

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speculative level.” Whether she will prevail at trial, or a subsequent motion for summary judgment,

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remains to be seen. However, at present the Court finds that her allegations, if taken as true, are

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sufficient to state a claim.
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IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss (#8) is DENIED.

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Dated: October 11, 2011.

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____________________________________
Roger L. Hunt
United States District Judge

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