Ewing et al v. TEI Biosciences, No. 2:2015cv08661 - Document 21 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER granting the 9 Motion to Dismiss for Failure to State a Claim; no defendants remain; the Clerk is directed to close the case and strike it from the docket. Signed by Judge Joseph R. Goodwin on 12/18/2020. (cc: counsel of record; any unrepresented party) (kew)
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Ewing et al v. TEI Biosciences Doc. 21 Case 2:15-cv-08661 Document 21 Filed 12/18/20 Page 1 of 1 PageID #: 412 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION, BEN EWING, Individually, and as Executor of the Estate of His Wife, Francis Ewing, Plaintiff, v. Civil Action Number 2:15-cv-08661 TEI BIOSCIENCES, Defendant. MEMORANDUM OPINION AND ORDER Pending is TEI’s Motion to Dismiss for Failure to State a Claim. [ECF No. 6]. Plaintiff has not responded. In the Motion, TEI seeks dismissal pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. TEI argues that plaintiffs’ complaint fails to allege any facts specific to TEI. For reasons appearing to the court, the court ORDERS that TEI’s Motion to Dismiss is GRANTED. No defendants remain, and Clerk is directed to close the case and strike it from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 18, 2020 Dockets.Justia.com
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