ORDER

SAM E. HADDON, District Judge.

Defendants James Tarpey, Timeshare Closings, Inc. d/b/a Resort Closings, Inc., and Project Philanthropy, Inc. have moved to dismiss Defendant Roy Broyles' crossclaim.1

The crossclaim as pleaded is inadequate to satisfy the pleading requirements of Bell Atlantic Corporation v. Twombley2 and Ashcroft v. Iqbaz3 and later Ninth Circuit decisions. In Moss v. US. Secret Service, the Ninth Circuit noted that "[p]rior to Twombly, a complaint would not be found deficient if it alleged a set of facts consistent with a claim entitling the plaintiff to relief."4 However, post-Twombly, complaints only alleging "labels and conclusions," "formulaic recitation[s]" or "naked assertion[s]" are inadequate pleadings and will not survive a Fed. R. Civ. P. 12(b)(6) motion to dismiss.5 Instead, "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'"6 "Dismissal is proper when the complaint does not make out a cognizable legal theory or does not allege sufficient facts to support a cognizable legal theory."7

ORDERED:

Defendants' James Tarpey and Timeshare Closings, Inc. d/b/a Resort Closings, Inc. Motion to Dismiss Defendant Ron Broyles' Crossclaim8 and Defendant Project Philanthropy, Inc.'s Motion to Dismiss Defendant Ron Broyles' Crossclaim9 are GRANTED, subject to leave to and including July 22, 2016, in which to file an amended crossclaim meeting the pleadings requirements of Twombly and Iqbal, and current Ninth Circuit precedent.