Medpace, Inc. v. InspireMD, Inc.

Filing 19

ORDER denying #15 Motion to Dismiss for Failure to State a Claim. Plaintiff shall file a Second Amended Complaint within fifteen (15) days of entry of this Order, curing the deficiencies discussed herein. Signed by Judge William O. Bertelsman on 5/17/17. (eh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:16cv00830-WOB
MEDPACE, INC.
VS.

PLAINTIFF
O R D E R

INSPIREMD, INC.,
ET AL.

DEFENDANTS

This matter is before the Court on the motion to dismiss the
first amended complaint by defendant InspireMD, Ltd.

(Doc. 15),

plaintiff’s response thereto (Doc. 17), and defendant’s reply
(Doc. 18).

The Court has reviewed this matter and concludes that

oral argument is unnecessary.
Plaintiff’s claim for breach of contract is premised on a
Master Services Agreement (MSA) between the parties (Doc. 1-1, 1226), but the factual allegations in the First Amended Complaint
are scant as to the specific services for which defendant allegedly
failed to pay or the specific provisions of the MSA it breached.
These

vague

assertions

amount,

in

substance,

to

recitation of the elements of breach of contract action.

a

mere

More is

required, even under the liberal pleadings standard of Fed. R.
Civ. P. 8.

See Northhampton Rest. Grp., Inc. v. FirstMerit Bank,

N.A., 492 F. App’x 518, 522 (6th Cir. 2012) (party advancing breach
of contract claim must identify actual terms of contract breached).

However, in lieu of dismissal, the Court will allow plaintiff
to amend its Amended Complaint to cure these deficiencies.
The Court will reserve on the issue of the propriety of
plaintiff’s

alternative

promissory estoppel.

claims

for

unjust

enrichment

and

However, the Court cautions the parties that

they have an obligation to ensure that their claims are “warranted
by existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law.”
Fed. R. Civ. P. 11(b)(2).
Therefore, having reviewed this matter, and the Court being
advised,
IT IS ORDERED that defendant’s motion to dismiss (Doc.
be, and is hereby, DENIED.

15)

Plaintiff shall file a Second Amended

Complaint within fifteen (15) days of entry of this Order, curing
the deficiencies discussed herein.
This 17th day of May, 2017.

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