Citation Codes Equivalent Citations citation codes Docket Number CASE No. 6:10-cv-00050. Motions Motion to dismiss : In Part See more information ... Smart Summary Please sign up to generate summary. EILEEN BRANIN, Plaintiff, v. TMC ENTERPRISES, LLC D/B/A J.D. BYRIDER, ET AL., Defendants. ORDER NORMAN MOON, District Judge This matter is before the Court upon Defendants' Motion to Dismiss, filed on February 17, 2011 (docket no. 10). For the reasons set forth in the accompanying memorandum opinion, Defendants' motion to dismiss is hereby GRANTED in part and DENIED in part, as follows: • The motion to dismiss the Virginia Consumer Protection Act ("VCPA") claim against Defendant TMC Enterprises, LLC d/b/a J.D. Byrider is DENIED; • The motion to dismiss the VCPA claim against Defendant Lisa Thurman is GRANTED; • The motion to dismiss the actual fraud claim is DENIED; and • The motion to dismiss the constructive fraud claim is GRANTED. The Clerk of the Court is hereby directed to send a certified copy of this order to all counsel of record. It is so ORDERED.