Optec International Inc (OPTI)

[peafunke]

From their prior lawsuit…


…”However, the Court is doubtful that the complaint states a claim with respect to the other counts. The complaint makes only conclusory allegations of scienter, which are insufficient to support fraud claims under Federal Rule of Civil Procedure 9(b). See Lenartz v. Am. Superconductor Corp., 879 F. Supp. 2d 167, 180 (D. Mass. 2012). Likewise, the complaint does not specify how or why any of the alleged misstatements are false and misleading or in what way Optec breached a duty owed to Auctus. See Cagnina v. Phila. Ins. Cos., 61 F. Supp. 3d 192, 194 (D. Mass. 2014) ("To make out a claim for either negligent misrepresentation or deceit, a plaintiff must allege that the defendants negligently or willfully made a false statement regarding her employment upon which she reasonably relied."); Pearson v. United States, 831 F. Supp. 2d 514, 519 (D. Mass. 2011) ("To prevail on such a claim, a plaintiff must show (1) the existence of a fiduciary duty arising from a relationship between the parties, (2) a breach of that duty, (3) damages and (4) causation."). And the complaint does not allege unfair or deceptive business practices sufficient to support a claim under Chapter 93A. See Framingham Auto Sales, Inc. v. Workers' Credit Union, 671 N.E.2d 963, 965 (Mass. App. Ct. 1996) ("[M]ere breach of a legal obligation under commercial law, without more, does not amount to an unfair or deceptive act under G.L. c. 93A.").”


https://casetext.com/case/auctus-fund-llc-v-optec-intl-inc