IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISION JEANNETTE C. NICHOLSON, Ph.D.,an individual, and CAREERASSESSMENT ATLANTA, INC., aGeorgia Corporation,Plaintiffs, CIVIL ACTION FILEv. NO. 1:07-CV-2724-BBM JAMES C. SHAFE, an individual,CAREER TRAINING CONCEPTS,INC., a Georgia Corporation, andSALES AND MANAGEMENTTRAINING INSTITUTE OFATLANTA, a previous GeorgiaCorporation,Defendants.
O R D E R
This declaratory judgment action is before the court on the Motion to Dismissfor Failure to State a Claim Upon Which Relief Can be Granted (the “Motion toDismiss”) [Doc. No. 6], and the Motion for Rule 11 Sanctions (the “Rule 11 Motion”)[Doc. No. 11], both filed by Defendants.
I.Factual and Procedural Background
On a motion to dismiss, the court accepts as true all factual allegations set outin the plaintiff’s complaint. See Lotierzo v. Woman’s World Med. Ctr., Inc.
, 278 F.3d1180, 1182 (11th Cir. 2002). Except as otherwise noted, the following facts are taken