A.C. Furniture, Inc. v. Arby's Restaurant Group, Inc.

Filing 25

ORDER denying 16 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jackson L. Kiser on 10/3/2014. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
A. C. FURNITURE, INC.,
Plaintiff,
v.
ARBY’S RESTAURANT GROUP, INC.,
Defendant.

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Case No. 4:14-cv-00029
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Plaintiff A.C. Furniture, Inc. filed suit against Defendant Arby’s Restaurant Group, Inc.
on April 17, 2014, in the Circuit Court of Pittsylvania County. On June 9, 2014, Defendant
Arby’s Restaurant Group, Inc., removed the action to this Court. Thereafter, on July 3, 2014,
Defendant filed a Motion to Dismiss the Complaint for Failure to State a Claim, pursuant to
Federal Rule of Civil Procedure 12(b)(6). (Def.’s Mot. to Dismiss, July 3, 2014 [ECF No. 16].)
The parties appeared before me on September 23, 2014, to argue their respective positions. For
the reasons stated in the accompanying Memorandum Opinion, Defendant’s Motion to Dismiss
is hereby DENIED.
The Clerk is directed to forward a copy of this Order and the accompanying
Memorandum Opinion to all counsel of record.
Entered this 3rd day of October, 2014.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE