Verigent, LLC v. Schiano

Filing 19

ORDER denying without prejudice 12 Motion to Dismiss ; denying 14 Motion for Hearing. 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. 3:17-cv-00187-FDW-DCK
VERIGENT, LLC,
Plaintiff,
vs.
MICHAEL SCHIANO,
Defendant.

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ORDER

THIS MATTER is before the Court on Defendant’s Partial Motion to Dismiss (Doc. No.
12) and Motion for a Hearing on the Motion to Dismiss (Doc. No. 14). Plaintiff responded in
opposition to both motions (Docs. Nos. 15, 16). Defendant did not file a reply to either of his two
motions, and the time for doing so has expired. Accordingly, this matter is now ripe for
disposition.
Defendant filed his motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure, arguing for dismissal of Plaintiff’s Third and Sixth Causes of Action. The Court notes
at the outset that a hearing on the instant motion would not aid the Court in the decisional process,
particularly in light of the Court’s review of the allegations under the standard of review applicable
to Rule 12(b)(6) motions. After review of the pleadings, as well as applicable law governing the
instant motion, the Court finds resolution of the parties’ arguments here hinge on factual
determinations and are thus more appropriate at the summary judgment stage or perhaps, at trial.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss (Doc. No. 12) is
DENIED WITHOUT PREJUDICE to his ability to reassert his arguments, if appropriate following

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discovery in this matter, in a motion for summary judgment or at trial. Defendant’s Motion for a
Hearing (Doc. No. 14) is also DENIED.
IT IS SO ORDERED.

Signed: November 17, 2017

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