District Court, D. Maryland January 26, 2012, Civil Action No. WMN-11-1700 (Carroll Co. v. Sherwin-Williams Co.)

MEMORANDUM

WILLIAM M. NICKERSON, Senior District Judge.

Before the Court is Defendant The Sherwin-Williams Company’s Motion to *560Dismiss, ECF No. 10. The motion has been fully briefed. Upon a review of the papers and applicable case law, the Court determines that no hearing is necessary, Local Rule 105.6, and that the motion to dismiss will be granted in part and denied in part.

I.