Ashwood Janitorial Services et al v. W W Contractors Inc et al

Filing 22

ORDER denying 3 Defendants' Motion to Dismiss. Plaintiffs have 10 days from the date of this order to respond to 18 Defendants' Counterclaim or a default will be issued. Plaintiffs also have 10 days from the date of this order to respond to Counterclaimants' Motion for Summary Judgment. Signed by Judge Robert T. Dawson on 9/17/2008. (thd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS HELENA DIVISION ASHWOOD JANITORIAL SERVICES, CAROLYN ASHWOOD, Individually and as Owner, and NATHAN ASHWOOD, Individually and as General Manager V. NO. 2:08-CV-00038

PLAINTIFFS

W.W. CONTRACTOR, INC., MATTHEW FRIESSER, Vice President of W.W. Contractor, Inc., GENERAL SERVICES ADMINISTRATION and CAMRON DOSS, In his Official Capacity as Agent and Contracting Officer on Behalf of General Services Administration ORDER

DEFENDANTS

Currently before the Court is Defendants' Motion to Dismiss (Doc. 3). No answer to the Motion is before the Court. Defendants' Motion to Dismiss was made before the case was removed to federal court and is partially based on the Arkansas Rules of Civil Procedure, which are no longer applicable. For a breach of contract claim in Arkansas, the Plaintiff must plead the existence of a contract obligating defendant to the plaintiff, breach by the defendant, and damages suffered by the plaintiff because of the beach. See Rabalaias v. Barnett, 683 S.W.2d 919, 921 (Ark. 1985). Pleading those elements satisfies the federal pleading requirements. See Caldwell v. Guardian Trust Co., 26 F.2d 218, 223 (8th Cir. 1928). In ruling on a motion to dismiss, the district court must accept the allegations contained in the complaint as true, and all allegations must be viewed in the light

AO72A (Rev. 8/82)

most favorable to plaintiffs.

Stodghill v. Wellston Sch. Dist.,

512 F.3d 472, 476 (8th Cir. 2008). Plaintiffs have pled the existence of a contract that obligates Defendants, Plaintiffs' performance of the contract, a breach of the contract by the Defendants, and damages suffered by the Plaintiffs as a result of the breach. Therefore, the Plaintiffs' have met the pleading requirements for a Breach of Contract action. Defendants' Motion to Dismiss is DENIED. Plaintiffs have ten days from the date of this order to respond to Defendants' Counterclaim (Doc. 18) or a default will be issued. Plaintiffs' also have ten days from the date of this order to respond to Counterclaimants' Motion for Summary Judgment. IT IS SO ORDERED this 17th day of September, 2008. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)