BlackRock Engineers, Inc. v. Duke Energy Progress, LLC et al

Filing 53

ORDER denying 29 Motion to Dismiss for Failure to State a Claim; denying 31 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 9/23/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-250-D

BLACKROCK ENGINEERS, INC.,
Plaintiff,

v.

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ORDER

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DUKE ENERGY PROGRESS, LLC, and
AMEC FOSTER WHEELER ENVIRONMENT )
AND INFRASTRUCTURE, INC.,
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Defendants.
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On March 28, 2016, AMEC Foster Wheeler Environment and Infrastructure, Inc., moved to
dismiss plaintiff's complaint [D.E. 29]. See Fed. R. Civ. P. 12(b)(6). On March 29, 2016, Duke
Energy Progress, LLC moved to dismiss plaintiff's complaint [D.E. 31]. On June 6, 2016, plaintiff
responded in opposition [D.E. 38, 39].
The court has considered the complaint under the governing standard. See Fed. R. Civ. P.
12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Cor,p. v. Twombly, 550 U.S. 544,
564--70 (2007). The motions to dismiss [D.E. 29, 31] are DENIED. Whether plaintiff's claims will
survive a motion for summary judgment is an issue for another day.
SO ORDERED. This 2l day of September 2016.