KAB Management Consultants, Inc. v. Anatoly Khalemsky et al

Filing 10

MEMORANDUM AND ORDER granting 8 Motion to Dismiss Counterclaim;directing that this action is without prejudice to the defendant's ability to seek leave to file an amended counterclaim. Signed by Judge Marvin J. Garbis on 1/10/2014. (c/m 1/10/14 aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
KAB MANAGEMENT
CONSULTANTS, INC.

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Plaintiff
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vs.

CIVIL ACTION NO. MJG-13-2408
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ANATOLY KHALEMSKY
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Defendant
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MEMORANDUM AND ORDER
The Court has before it Plaintiff's Motion to Dismiss
Defendant's Counterclaim [Document 8] and the materials
submitted relating thereto.

The Court finds that a hearing is

unnecessary.
A motion to dismiss filed pursuant to Federal Rule of Civil
Procedure 12(b)(6)1 tests the legal sufficiency of a complaint.
A complaint need only contain "'a short and plain statement of
the claim showing that the pleader is entitled to relief,' in
order to 'give the defendant fair notice of what the . . . claim
is and the grounds upon which it rests.'"

Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 555 (2007) (alteration in original)
(citations omitted).

When evaluating a 12(b)(6) motion to

dismiss, a plaintiff's well-pleaded allegations are accepted as
true and the complaint is viewed in the light most favorable to
the plaintiff.
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However, conclusory statements or "a formulaic

All "Rule" references herein are to the Federal Rules of
Civil Procedure.

recitation of the elements of a cause of action will not
[suffice]."

Id.

A complaint must allege sufficient facts "to

cross 'the line between possibility and plausibility of
entitlement to relief.'"

Francis v. Giacomelli, 588 F.3d 186,

193 (4th Cir. 2009) (quoting Twombly, 550 U.S. at 557).
The counterclaim at issue, contained in Answers and
Counterclaim to Complaint [Document 7], states the bare
conclusions that there was some employment agreement that for
some unspecified reason imposed an obligation on the
Plaintiff/Counter Defendant to pay the Defendant/Counter
Claimant $1,200 of commission.
legal fees of $2,000.

In addition, Defendant seeks

The Counterclaim shall be dismissed.

Recognizing that the Defendant is proceeding pro se, the
dismissal will be without prejudice to the right of the
Defendant to seek to file an Amended Counterclaim upon a showing
that there are specific alleged facts adequate to present a
plausible claim against the Plaintiff.
Accordingly:
1. Plaintiff's Motion to Dismiss Counterclaim [Document
8] is GRANTED.
2. This action is without prejudice to the Defendant's
ability to seek leave to file an Amended Counterclaim.
SO ORDERED, on Friday, January 10, 2014.

/s/__________
Marvin J. Garbis
United States District Judge
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