Trew

ORDER GRANTING MOTION TO DISMISS

Defendant International Game Fish Association, Inc., (IGFA) moves, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss the first amended complaint (FAC) filed by Plaintiff Javad Trew. Plaintiff opposes the motion. The matter was heard on November 18, 2005. Having considered the papers filed by the parties and oral argument on the motion, the Court grants Defendants’ motion to dismiss without prejudice to refiling in State court.

BACKGROUND

Plaintiffs complaint and the attached exhibits allege the following. On or about March 29, 2004, Plaintiff submitted a 2004 IGFA World Record Application (Application) for a world record in largemouth bass two-pound tippet fly fishing. He also enclosed a $50.00 check for IGFA membership and the Application processing fee. On or about April 14, 2004, Plaintiff submitted a 2004 Application for a world record in largemouth bass four-pound tippet fly fishing. He enclosed a $25.00 check for the Application processing fee. On or about April 28, 2004, Plaintiff submitted a 2004 Application for a world record in largemouth bass twenty-pound tippet fly fishing. He enclosed a $25.00 check for the…