BIBB COUNTY SCHOOL DISTRICT v. DALLEMAND, 5:16-CV-549 (MTT). (2017)
Court: District Court, M.D. Georgia
Number: infdco20170504c50
Visitors: 7
Filed: May 03, 2017
Latest Update: May 03, 2017
Summary: ORDER MARC T. TREADWELL , District Judge . Defendant Romain Dallemand has moved to dismiss the Plaintiff's complaint because it "fail[s] to state a cause of action." Doc. 73. Defendant Dallemand bases his motion on his affirmative defense that the Plaintiff's claims are barred "by the integration/merger clause in Defendant Dallemand's Severance Agreement." Doc. 73-1. Dallemand's brief points to what he apparently assumes will be the Plaintiff's argument in response to his affirmative defen
Summary: ORDER MARC T. TREADWELL , District Judge . Defendant Romain Dallemand has moved to dismiss the Plaintiff's complaint because it "fail[s] to state a cause of action." Doc. 73. Defendant Dallemand bases his motion on his affirmative defense that the Plaintiff's claims are barred "by the integration/merger clause in Defendant Dallemand's Severance Agreement." Doc. 73-1. Dallemand's brief points to what he apparently assumes will be the Plaintiff's argument in response to his affirmative defens..
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ORDER
MARC T. TREADWELL, District Judge.
Defendant Romain Dallemand has moved to dismiss the Plaintiff's complaint because it "fail[s] to state a cause of action." Doc. 73. Defendant Dallemand bases his motion on his affirmative defense that the Plaintiff's claims are barred "by the integration/merger clause in Defendant Dallemand's Severance Agreement." Doc. 73-1. Dallemand's brief points to what he apparently assumes will be the Plaintiff's argument in response to his affirmative defense and argues he will prevail.
The Court cannot dismiss a complaint for failure to state a claim just because a defendant thinks he has a good defense. Nothing in Dallemand's motion or brief suggests that the complaint, on its face, fails to state a claim.
Accordingly, Dallemand's motion is DENIED.
SO ORDERED.
Source: Leagle
