Smith et al v. Chapman et al
Filing
29
ORDER denying without prejudice #17 Motion to Dismiss ; denying without prejudice #18 Motion to Dismiss ; denying without prejudice #19 Motion to Dismiss. Signed by Chief Judge Frank D. Whitney on 7/14/2014. (eef)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-238-FDW-DSC
DOUGLAS R. SMITH; MARY LUCZAKSMITH; DRS FAMILY MANAGEMENT,
LLC; FORTIS CAPITAL HOLDINGS,
LLC;
SMITH
CLOVIS
CAPITAL
HOLDINGS, LLC; SMITH CLOVIS
CAPITAL VENTURES, LLC; and SMITH
AND SONS ENTERPRISES, LLC;
)
)
)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
AVERY
CHAPMAN;
TARYN )
HARTNETT; and CHAPMAN LEGAL )
GROUP, PLC, d/b/a Chapman Law Group, )
PLC;
)
)
Defendants.
)
)
ORDER
THIS MATTER is before the Court on several motions to dismiss (Docs. Nos. 17, 18,
19).
Each Defendant has separately moved to dismiss the complaint.
Specifically, each
Defendant argues that Plaintiff has failed to state a cognizable federal claim pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure, and in addition, each Defendant argues this
Court lacks subject matter jurisdiction over the remaining state law claims.
The Court has carefully reviewed the Complaint, the well-briefed arguments of counsel,
and the applicable case law and hereby DENIES WITHOUT PREJUDICE all Defendants’
Motions to Dismiss (Docs. Nos. 17, 18, 19). The parties may reprise any relevant arguments in
support of motions for summary judgment, should any be filed.
IT IS SO ORDERED.
Signed: July 14, 2014
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