Pierce v. QVC, Inc.

1 Citing brief

  1. Russick v. Wells Fargo, Inc.

    BRIEF in Support re Motion to Dismiss for Failure to State a Claim

    Filed April 7, 2017

    Consequently, to meet the Case 2:17-cv-00149-NBF Document 19 Filed 04/07/17 Page 8 of 19 -9- SL1 1458949v1 104945.00796 pleading requirements of Rule 8(a)(2) a complaint “must do more than allege the plaintiff’s entitlement to relief[,] [a] [c]omplaint has to ‘show’ such an entitlement with its facts.” Id. (citing Phillips, 515 F.3d at 234-35) (emphasis added). This two-part analysis is “‘context-specific,’” requiring a court to “draw on ‘its judicial experience and common sense’ to determine if the facts pled in the complaint have ‘nudged [plaintiff’s] claims’ over the line from ‘[merely conceivable [or possible] to plausible.’” Pierce, 555 F. Supp.2d at 501 (quoting Iqbal 129 S. Ct. at 1950-51) (alterations in original). Further, when faced with a motion to dismiss for failure to state a claim, a court may consider not only the allegations in the complaint and exhibits attached thereto but matters of public record as well as documents that are integral to or are explicitly relied upon in the complaint as the basis of a claim.