Court Says Case Will Not Be Resolved by Rule 12(b)(6)
Papa John's Int'l, Inc. v. Rezko, No. 04 C 3131, 2007 WL 1521472 (N.D. Ill. May 21, 2006) (Moran, J.).
Relying on its prior opinion, which included a detailed analysis of the Complaint and notice pleading standards (you can read discussion of that opinion in the Blog's archives), the Court denied defendants' various Fed. R. Civ. P. 12(b)(6) motions to dismiss plaintiff's trade secret and trademark infringement claims. Defendants argued that plaintiff did not sufficiently which defendants were alleged to have performed the acts at issue. But the Court reasoned that defendants had notice of plaintiff's claims and that notice is all the Federal Rules require. The Court pointed out that it had "covered much of this same ground in much greater detail" in its prior opinion and cautioned that "this case will not go away for any defendant by a motion to dismiss . . . ."
