Opinion
CIVIL NO. 09-3000.
March 10, 2010
ORDER
AND NOW, this 10th day of March, 2010, upon consideration of Defendants' Motion to Dismiss [Doc. No. 2] and Plaintiff's Response in Opposition [Doc. No. 5], it is hereby ORDERED that Defendants' Motion is GRANTED IN PART and DENIED IN PART, as follows:
1) Defendants' Motion to Dismiss for failure to state a breach of contract claim is GRANTED. Plaintiff's breach of contract claim, found in paragraphs 26 through 30 of its Complaint [Doc. No. 1], is DISMISSED without prejudice; and
2) All other claims made by Defendants in their Motion to Dismiss are DENIED. Plaintiff's claim for quantum meruit remains before this Court.
It is so ORDERED.