Cape, et al v. Magic One ARS, Inc. et al

Filing 54

ORDER denying without prejudice 37 Motion to Dismiss Counterclaim. Signed by Chief Judge Frank D. Whitney on 11/17/17. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00686-FDW-DSC
CHARLES TONY CAPE, et al.,
Plaintiffs,
vs.
MAGIC ONE ARS, INC., et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiffs’ Motion to Dismiss Counterclaim (Doc.
No. 37). Defendants responded in opposition (Doc. No. 40), and Plaintiffs replied (Doc. No. 41).
This matter is now ripe for disposition.
Plaintiffs filed their motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure, arguing for dismissal of Defendants’ Counterclaim for unjust enrichment under the
theory of quantum meruit because Defendants acknowledge the existence of a contract among the
parties. Defendants object, asserting their alleged alternative theory for recovery is valid in the
event the fact-finder in this case determines no valid contractual agreement exists. After review
of the pleadings, as well as applicable law governing the instant motion, the Court finds resolution
of this issue in this matter is more appropriate at the summary judgment stage or perhaps, at trial.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Dismiss the Counterclaim is
DENIED WITHOUT PREJUDICE to Plaintiffs’ ability to reassert their arguments in a motion for
summary judgment or at trial.
IT IS SO ORDERED.

Signed: November 17, 2017

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