as a motion to dismiss[1] pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). For the reasons set forth below, the motion is granted in its entirety.
I. Background
A. Facts[2]
ICC is a nonprofit corporation that develops model codes for the design and construction of the built environment, including building codes, fire safety codes, plumbing codes, and more. These model codes, known as the “International Codes” or “I-Codes,” set forth standard rules, conditions, and guidelines for various products and processes, and also delineate various technical specifications, measurements, and testing methods that apply to those products and processes.
Federal, state, and local governments frequently incorporate such standards into their statutes and regulations. Adopting privately developed model codes saves governments time and money and benefits building
- ↑ See Kapitalforeningen Lægernes Invest. v. United Techs. Corp., 779 F. App’x 69, 70 (2d Cir. 2019) (affirming the district court ruling deeming an exchange of letters as a motion to dismiss).
- ↑ Except as otherwise noted, the following background derives from the Complaint. The Court takes all facts alleged therein as true and construes the justifiable inferences arising therefrom in the light most favorable to Plaintiff, as required under the standard set forth in Section II, infra. Though the Court does not rely on facts beyond those described herein to resolve the present motion, additional factual background can be found in the summary judgment order on the consolidated case. See Int’l Code Council, Inc. v. UpCodes, Inc., No. 17 Civ. 6261, 2020 WL 2750636 (S.D.N.Y. May 27, 2020).
2
