BIBB COUNTY SCHOOL DISTRICT v. DALLEMAND, et al.

Filing 235

ORDER DENYING 227 Positiventures' Motion to Dismiss Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/20/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

BIBB COUNTY SCHOOL DISTRICT,
Plaintiff,
v.
ROMAIN DALLEMAND, et al.,
Defendants.

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CIVIL ACTION NO. 5:16-CV-549 (MTT)

ORDER
Defendant Positiventures Initiative, LLC has moved to dismiss the Plaintiff’s
second amended complaint for failure to state a claim or, in the alternative, for a more
definite statement. Doc. 227. Defendant Integrated Technologies Consulting, LLC,
which is represented by the same lawyer, filed a similar motion which had some merit
given the paucity of allegations against Integrated. Doc. 225. Positiventures is not
Integrated. The second amended complaint clearly makes sufficient allegations to
withstand a motion to dismiss. Positiventures’ primary concern appears to be the
shotgun nature of the complaint. A so-called shotgun style complaint is not, in this
Court’s view, necessarily a fatal condition. Here, the School District plausibly alleges
Positiventures’ involvement in a scheme to defraud the School District through bribery
and other means. The counts alleged against Positiventures are clearly based on
Positiventures’ alleged involvement in that scheme. Whether the School District can
prove its allegations against Positiventures is appropriately a matter for summary
judgment and, if necessary, a trial.

Accordingly, Positiventures’ motion (Doc. 227) is DENIED.
SO ORDERED, this 20th day of March, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT