Opinion
Civ. 22-CV-1639
09-28-2023
ORDER
SYLVIA H. RAMBO, United States District Judge
AND NOW, this 28th day of September, 2023, in accordance with the accompanying memorandum, IT IS HEREBY ORDERED that Defendants' motion to dismiss for lack of subject matter jurisdiction and failure to state a claim (Doc. 4) is GRANTED as follows:
(1) Counts 1 and II are DISMISSED with prejudice to the extent they allege that Defendants breached the parties' contract and warranties contained therein and/or caused Plaintiffs damages by providing Fulton County with a voting system that left it unable to comply with state and federal election requirements;
(2) Counts 1 and II are otherwise DISMISSED without prejudice to Plaintiffs' right to file an amended complaint within 21 days of the date of this order.