Tuesday, November 26, 2019 9:25:56 AM
The last paragraph of (DE49)
“Plaintiff alleges the three elements of a breach of contract: the existence of a contract, a material breach, and damages resulting from the breach. But the Complaint fails to address the KMPG opinion or any other conditions precedent, and thus it fails to meet even the low pleading standards set by the Federal Rules. Defendants Motion to Dismiss must be granted for Plaintiffs failure to state a claim upon which relief can be granted.”
ORDERED AND ADJUDIED that:
(1) Defendants' Motion to Dismiss is GRANTED.
(2) Plaintiffs Complaint is DISM ISSED WITHOUT PREJUDICE.
(3) Plaintiff is directed to file any Amended Complaint on or before May 31, 2019
The Amended complaint address the KMPG opinion and the remaining conditions of the SPA. Exactly as required.
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