Kraft v. Mayer et al

Filing 25

ORDER denying 9 Motion for Judgment on the Pleadings. So Ordered by Judge Paul J. Barbadoro.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Barbara Kraft
v.

Case No. 10-cv-164-PB

Larry Mayer, et al.

O R D E R

Defendants have moved to dismiss the complaint pursuant to
Fed. R. Civ. P. 12(c).

In reality, however, they argue that the

complaint fails to state a claim for relief.

Viewing the

complaint in the light most favorable to the plaintiff, I
determine that she has pleaded sufficient facts in support of
her claims to state minimally sufficient claims for relief.
Accordingly, I deny the motion (Doc. No. 9) without prejudice to
the defendants’ right to renew their arguments in a properly
supported motion for summary judgment.

If such a motion is

filed, I reserve the right to make a de novo assessment of the
issues raised in the current motion.
SO ORDERED.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
September 6, 2011
cc:

Paul McEachern, Esq.
Martha Van Oot, Esq.