GH Crescent Green Inc. v. KBS Crescent Green, LLC

Filing 20

ORDER DENYING: 13 Motion to Dismiss. In sum, the court DENIES defendant's motion to dismiss. Signed by Chief Judge James C. Dever III on 4/20/2015. (O'Brien, C.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DMSION
No. 5:14-CV-867-D

GH CRESCENT GREEN INC.,
Plaintiff,

v.

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)

ORDER

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KBS CRESCENT GREEN, LLC,
Defendant.

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On November 6, 2014, GH Crescent Green, Inc. ("GHCG" or "plaintiff'), filed a one-count
complaint in Wake County Superior Court, alleging that defendant, KBS Crescent Green, LLC
("KBS" or "defendant"), committed fraud in relation to a real estate transaction between the two
parties. See [D.E. 1-1] 5-9. On December 5, 2014, KBS timely removed the action to this court
pursuantto28U.S.C. §§ 1332and 1441 [D.E.l]. OnDecember31,2014,KBSmovedtodismiss
GHCG' s complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [D.E. 13] and
filed a supporting memorandum [D.E. 14]. On January 21, 2015, GHCG responded in opposition
[D.E. 16]. On February 5, 2015, KBS replied [D.E. 17].
After reviewing the complaint, the attached documents, the parties' memoranda, and the
governing legal standard, the court finds that plaintiff's complaint ekes across the line to plausibly
state a claim upon which relief may be granted.

See,~'

Fed. R. Civ. P. 9(b), 12(b)(6); Ashcroft

v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Cor;p. v. Twombly, 550 U.S. 544, 570 (2007); Coleman
v. Md. Court of Appeals, 626 F.3d 187, 190 (4th Cir. 2010), aff'd, 132 S. Ct. 1327 (2012);
Giarratano v. Johnso!l, 521 F.3d 298, 302 (4th Cir. 2008). Whether plaintiff's fraud claim will

survive a motion for summary judgment is a question for another day.
In sum, the court DENIES defendant's motion to dismiss [D.E. 13].

SO ORDERED. This LQ day of Apri12015.

J
S C. DEVER Ill
Chifunited states District Judge

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