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)

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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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