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- ilcd;;2:16-cv-02214_de24 RegisterActionDate "2017-01-10" @default.
- ilcd;;2:16-cv-02214_de24 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 1/10/2017. This court has thoroughly reviewed the briefs and arguments submitted by the parties with respect to Defendant's Motion to Dismiss 9 . Defendant's motion is predicated on Federal Rule of Civil Procedure 12(b)(6). The purpose of a Rule 12(b)(6) motion is to test the sufficiency of the complaint, not to decide the merits of the case. See AnchorBank, FSB v. Hofer, 649 F.3d 610, 614 (7th Cir. 2011). Therefore, when ruling on a motion to dismiss, a court must accept, as true, all factual allegations contained within the complaint. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To survive a motion to dismiss, the complaint need only contain sufficient factual allegations to "'state a claim to relief that is plausible on its face.'" Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In this case, both parties have presented arguments relating to the merits of the case. Such arguments are premature and have not been considered by this court. The court has, however, thoroughly reviewed the complaint and has determined that it does contain sufficient factual allegations to state a claim to relief that is plausible on its face. Therefore, Defendants Motion to Dismiss 9 is DENIED. (DS, ilcd) (Entered: 01/10/2017)" @default.
- ilcd;;2:16-cv-02214_de24 AdministrativeID "None" @default.
- ilcd;;2:16-cv-02214_de24 hasReferenceToOtherEntry ilcd;;2:16-cv-02214_de14 @default.