JTH Tax, Inc. v. Whitaker

Filing 50

REPLY to Response to Motion re 40 MOTION to Dismiss COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM, [41] MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM filed by JTH Tax, Inc.. (Szajnoga, Vanessa)

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JTH Tax, Inc. v. Whitaker Doc. 50 Case 2:07-cv-00170-HCM-TEM Document 50 Filed 09/04/2007 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION JTH TAX, INC. d/b/a LIBERTY TAX SERVICE, Plaintiff, Civil No. 2:07cv170 v. KENYA WHITAKER AND EASY SOFTWARE SOLUTIONS, LLC., Defendants. REPLY IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT V (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS' COUNTERCLAIM Now comes the Plaintiff and Counterclaim-Defendant, JTH Tax, Inc. d/b/a Liberty Tax Service ("Liberty"), by counsel, and for its Reply in Support of its Motion to Dismiss Counts III & V of Defendants' Counterclaim, states as follows: The Defendants and Counterclaim-Plaintiffs Kenya Whitaker and Easy Software Solutions, LLC (collectively "Whitaker") filed a Counterclaim against Liberty alleging, among other things, Negligent Misrepresentation and Breach of Implied Covenant of Good Faith and Fair Dealing. Liberty filed a Motion to Dismiss these claims because neither claim is recognized under Virginia law. Whitaker filed an Opposition to Liberty's Motion to Dismiss, and in that Motion, concurs that Virginia law allows neither a claim for Negligent Misrepresentation nor a claim for Breach of Implied Covenant of Good Faith and Fair Dealing. Therefore, both claims should be dismissed. If Whitaker wishes to file a Motion for Leave to Amend, that should be dealt with by separate motion. 1 Dockets.Justia.com Case 2:07-cv-00170-HCM-TEM Document 50 Filed 09/04/2007 Page 2 of 3 WHEREFORE, in consideration of the foregoing, Liberty respectfully requests that this Court dismiss Counts III & V of Defendants' Counterclaims for Negligent Misrepresentation and Breach of Implied Covenant of Good Faith and Fair Dealing. Respectfully submitted, JTH Tax, Inc. d/b/a Liberty Tax Service By: ________________/s/______________________ Counsel Vanessa M. Szajnoga, Esq. (VSB #71500) Counsel for Plaintiff Liberty Tax Service 1716 Corporate Landing Parkway Virginia Beach, VA 23454 Telephone number: 757-493-8855 Fax number: 800-880-6432 Email: Vanessa.Szajnoga@libtax.com CERTIFICATE OF SERVICE I hereby certify that on the 4th day of September 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following: Colleen E. Durbin (VSB 43615) Dennis J. Quin (VSB 68119) Counsel for Kenya Whitaker and Easy Software Solutions Carr Maloney P.C. 1615 L Street, N.W. Suite 500 Washington, D.C. 20036 djq@carmaloney.com ced@carmaloney.com _______________/s/_____________ Vanessa M. Szajnoga, Esq. (VSB #71500) 2 Case 2:07-cv-00170-HCM-TEM Document 50 Filed 09/04/2007 Page 3 of 3 Counsel for Plaintiff Liberty Tax Service 1716 Corporate Landing Parkway Virginia Beach, VA 23454 Telephone number: 757-493-8855 Fax number: 800-880-6432 Email: Vanessa.Szajnoga@libtax.com 3

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