BIBB COUNTY SCHOOL DISTRICT v. DALLEMAND, et al.

Filing 75

ORDER DENYING 73 Dallemand's Motion to Dismiss Complaint; terminating as moot 74 Dallemand's Motion for Hearing. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/3/2017. (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 Romain Dallemand has moved to dismiss the Plaintiff’s complaint
because it “fail[s] to state a cause of action.” Doc. 73. Defendant Dallemand bases his
motion on his affirmative defense that the Plaintiff’s claims are barred “by the
integration/merger clause in Defendant Dallemand’s Severance Agreement.” Doc. 731. Dallemand’s brief points to what he apparently assumes will be the Plaintiff’s
argument in response to his affirmative defense and argues he will prevail.
The Court cannot dismiss a complaint for failure to state a claim just because a
defendant thinks he has a good defense. Nothing in Dallemand’s motion or brief
suggests that the complaint, on its face, fails to state a claim.
Accordingly, Dallemand’s motion is DENIED.
SO ORDERED, this 3rd day of May, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT