Kerch et al v. Kowalski, No. 1:2018cv00213 - Document 27 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER - Defendant's motion is GRANTED andPlaintiffs' fraud claims (Counts Two and Three) are DISMISSED WITHOUT PREJUDICE. Plaintiffs may refile within twenty days from the date of this Order. Plaintiffs are advised th at failure to plead fraud with particularity in any amended complaint will result in dismissal with prejudice. This matter remains before the Court on Count One, Plaintiffs' conversion andmisappropriation claim. Signed by District Judge Liam O'Grady on 07/25/2018. (dvanm, )
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Kerch et al v. Kowalski Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division HELEN KIRCH,et al., Plainliffs, Civil No. l:I8-cv-213 Hon. Liam O'Grady V. STEPHANIE RUSSO KOWALSKI, Defendant. MEMORANDUM OPINION & ORDER This matter comes before the Court on Defendant Stephanie Russo Kowalski's Second Motion to Dismiss(Dkt. 21). Having reviewed the pleadings and the record, the Court finds that oral argument would not assist its resolution of this matter. The Court previously granted a Motion to Dismiss by Defendant, finding that Plaintiffs had failed to state a claim for fraud. See Dkt. 19. Defendant filed the instant motion in response to Plaintiffs' Amended Complaint, seeking dismissal of Plaintiffs' claims for fraud (Count Two) and constructive fraud (Count Three). Sec Dkt. 21; Dkt. 22 at 6. For the reasons explained below. Defendant's motion is GRANTED and Plaintiffs' fraud claims(Counts Two and Three) are DISMISSED WITHOUT PREJUDICE. I. LEGAL STANDARD To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a complaint must contain sufficient factual information to "state a claim to relief that is plausible on its face." Bell All. Corp. v. Twombly, 550 U.S. 544, 550(2007). A motion to dismiss pursuant to Rule 12(b)(6) must be considered in combination with Rule 8(a)(2) which requires "a short and plain Dockets.Justia.com
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