District Court, E.D. Virginia January 16, 2009, 1:08-mj-00272 (Merritt v. WellPoint, Inc.)

MEMORANDUM OPINION

JAMES R. SPENCER, Chief Judge.

THIS MATTER is before the Court on Defendant’s Motion to Dismiss Counts II and III and to Strike Plaintiffs Proposed Collective Definition (Docket No. 9). For the reasons stated at the hearing and discussed below, Defendant’s Motion will be GRANTED in part and DENIED in part.

I. BACKGROUND

Plaintiffs E. Thomas Merritt, III (“Merritt”), Elizabeth W.