United States District Court, W.D. Virginia, Danville Division
October 3, 2014
A. C. FURNITURE, INC., Plaintiff,
ARBY'S RESTAURANT GROUP, INC., Defendant.
JACKSON L. KISER, Senior 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.