Medpace, Inc. v. InspireMD, Inc.
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
CIVIL ACTION NO. 1:16cv00830-WOB
O R D E R
This matter is before the Court on the motion to dismiss the
first amended complaint by defendant InspireMD, Ltd.
plaintiff’s response thereto (Doc. 17), and defendant’s reply
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.
recitation of the elements of breach of contract action.
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
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
IT IS ORDERED that defendant’s motion to dismiss (Doc.
be, and is hereby, DENIED.
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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