NSCO LLC v. Colby_Exon LL et al

Filing 32

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 3/30/2018. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

NSCO d/b/a NEED SUPPLY CO.,
Plaintiff,

V.

Civil Action No. 3:16cv848

COLBY_EXON, LLC, et al
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on three motions: (1) Defendants Colby_Exon, LLC
("CEL") and Ryan Scanlon's (collectively, the "Defendants") Motion to Dismiss for Failure to

State a Claim pursuant to Federal Rule ofCivil Procedure 12(b)(6)' (the "Joint Motion to
Dismiss"), (ECF No. 13); (2) Ryan Scanlon's Motion to Dismiss for Lack of Personal

Jurisdiction pursuant to Federal Rule ofCivil Procedure 12(b)(2)^ (the "Scanlon Motion to
Dismiss"), (ECF No. 11); and, (3) PlaintiffNSCO, LLC, d/h/a Need Supply Co.'s ("Need")
Motion to Stay the Scanlon Motion to Dismiss and to Conduct Jurisdictional Discovery (the
"Motion for Jurisdictional Discovery"), (ECF No. 17).
The Court dispenses with oral argument because the materials before it adequately

present the facts and legal contentions, and argument would not aid the decisional process. The

' Rule 12(b)(6) allows dismissal for "failure to state a claim upon which relief can be
granted." Fed. R. Civ. P. 12(b)(6).

^Rule 12(b)(2) allows dismissal for "lack ofpersonal jurisdiction." Fed. R. Civ.
P. 12(b)(2).