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Capax Discovery Inc. v. AEP RSD Investors LLC

Fraudulent Inducement, Negligent Misrepresentation Claims Do Not Duplicate Breach Claim

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OPINION AND ORDERGRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS, STRIKE, AND COMPEL ARBITRATION(Doc. 9)

*1  On May 11, 2017, Plaintiffs Capax Discovery, Inc. (“Capax”), Walker Global Solutions Naples, Inc., John Baiocco, Wynn Holdings, LLC, and Thomson Federal Solutions, LLC brought this New York Supreme Court suit in Erie County, alleging fraudulent inducement, negligent misrepresentation, and breach of contract claims arising out of the sale of Zovy, LLC (“Zovy”). On June 5, 2017, Defendants AEP RSD Investors, LLC (“AEP RSD”), Zovy Management LLC (“Zovy Management”), Zovy Incentive LLC (“Zovy Incentive”), Alta Equity Partners I Managers, LLC (“Alta”), Timothy Dibble, Jessica Reed, Timothy Alexson, and Grace Connelly removed the case to this court on the basis of diversity jurisdiction, 28 U.S.C. §1332. Pending before the court is Defendants’ motion to dismiss for failure to state a claim upon which relief may be granted and failure to plead fraud with specificity.

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