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United States District Court for the Middle District of Florida, Tampa Division
May 22, 2012, Decided; May 22, 2012, Filed
CASE NO.: 8:11-cv-2108-T-33TBM
This cause is before the Court pursuant to Plaintiffs' Joined Motion to Dismiss the Counterclaims for Failure to State a Claim and Strike Affirmative Defenses, which was filed on March 20, 2012. (Doc. # 73). Defendant Susan Perlmutter filed a Response in Opposition to the Motion (Doc. # 87) on April 16, 2012. For the reasons that follow, the Court grants in part and denies in part the Motion to Dismiss and denies the Motion to Strike Affirmative Defenses.
Plaintiffs initiated this action against their former employee, Susan Perlmutter, on September 16, 2011, asserting the following complaint counts: misappropriation of trade secrets (count one); breach [*2] of contract (count two); fraud in the inducement (count three); breach of fiduciary duty (count four); constructive fraud (count five); tortious interference with a business relationship (count six); temporary and permanent injunctive relief (count seven) and civil conspiracy (count eight).
Defendant asserted five counterclaims against Plaintiffs: (1) breach of contract; (2) unjust enrichment; (3) tortious interference with advantageous business and contractual relationships and future relationships; (4) bad faith; and (5) fraud in the inducement. (Doc. # 68). In addition, Defendant asserted various affirmative defenses. Plaintiffs seek to dismiss Defendant's counterclaims and strike Defendant's affirmative defenses.
II. Legal Standard
A. Motion to Dismiss
] A motion to dismiss a counterclaim under Rule 12(b)(6) of the Federal Rules of Civil Procedure is evaluated in the same manner as a motion to dismiss a complaint. Stewart Title Guar. Co. v. Title Dynamics, Inc., No. 2:04-cv-316-FtM-33SPC, 2005 WL 2548419, at *1 (M.D. Fla. Oct. 11, 2005). A counterclaim must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). In deciding [*3] a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in the counterclaim as true and construe them in the light most favorable to the counterclaim plaintiff. See United Techs. Corp. v. Mazer, 556 F.3d 1260, 1269 (11th Cir. 2009).
] "While a [counterclaim] attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, . . . a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007) (internal citations and quotations marks omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true." Id. (internal citations omitted).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2012 U.S. Dist. LEXIS 70976 *; 2012 WL 1883765
LEEDOM MANAGEMENT GROUP, INC. and PAYMAXX PRO, LLC, Plaintiffs, v. SUSAN PERLMUTTER and SIGMA PAYMENT PROCESSING, INC., Defendants.
Subsequent History: Objection sustained by Leedom Mgmt. Group, Inc. v. Perlmutter, 2012 U.S. Dist. LEXIS 76916 (M.D. Fla., June 4, 2012)
Prior History: Leedom Mgmt. Group v. Perlmutter, 2012 U.S. Dist. LEXIS 35588 (M.D. Fla., Mar. 15, 2012)
counterclaim, affirmative defense, allegations, book of business, motion to dismiss, unjust enrichment, defenses, inducement, breach of contract, join, determines, contractual relationship, tortious interference, bad faith, fraudulent, fails
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Counterclaims, General Overview, Affirmative Defenses, Motions to Strike, Preliminary Considerations, Federal & State Interrelationships, Erie Doctrine, Business & Corporate Compliance, Breach, Breach of Contract Actions, Elements of Contract Claims, Contracts Law, Remedies, Equitable Relief, Quantum Meruit, Torts, Business Relationships, Intentional Interference, Elements, Trade Secrets Law, Damages, Costs & Attorney Fees, Heightened Pleading Requirements, Fraud Claims, Business Torts, Fraud & Misrepresentation, Responses, Denial of Allegations