Whitted-Justice v. Colgate-Palmolive Company et al

Filing 19

ORDER granting 15 Motion to Dismiss for Failure to State a Claim. It is hereby ORDERED that Plaintiff's Fourth Cause of Action, titled "False Representation/Fraud" is hereby dismissed against Colgate for failure to plead fraud with particularity, as required by Rule 9(b) and for failure to state a claim upon which relief can be granted under Rule 12(b)(6). Signed by Chief Judge James C. Dever III on 12/10/2013. (Sawyer, D.)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-622-D

MARY ANN WHITTED-WSTICE,
Plaintiff,
v.

ORDER

COLGATE-PALMOLIVE COMPANY;
METROPOLITAN LIFE INSURANCE
COMPANY;
UNION CARBIDE, CORP.,
Defendants.

This matter comes before the Court upon Defendant Colgate-Palmolive Company's
("Colgate") Motion to Dismiss Plaintiffs cause of action for fraud pursuant to Rules 9(b) and
12(b)( 6) of the Federal Rules of Civil Procedure. (Doc. 15.) Plaintiff did not file a response in
opposition to the Motion to Dismiss. For the reasons stated in Colgate's Motion to Dismiss and
the accompanying Memorandum in Support of the Motion to Dismiss, the Court grants Colgate's
Motion.
Accordingly, it is hereby ORDERED that Plaintiff's Fourth Cause of Action, titled "False
Representation/Fraud," is hereby dismissed as against Colgate for failure to plead fraud with
particularity as required by Rule 9(b) and for failure to state a claim upon which relief can be
granted under Rule 12(b)(6).
SO ORDERED. This _jQ day ofDecember 2013.