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RCC Ventures LLC v. Am. DG Energy Inc.

Dismissal of Breach Claims Over Nonpayment of Financing Deal's Finder's Fee Explained

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MEMORANDUM OPINION AND ORDER

*1 In this action, Plaintiff RCC Ventures, LLC alleges violations of the Defense of Trade Secrets Act of 2016, as well as state-law claims for breach of contract, quantum meruit, unjust enrichment, and promissory estoppel against American DG Energy, Inc. and EuroSite Power, Inc., collectively the “Defendants.” The Defendants move to dismiss RCC’s First Amended Complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons described below, the motion to dismiss is granted in part and denied in part.I. BackgroundThe following facts come from the First Amended Complaint and are taken as true in deciding the motion to dismiss. Lattanzio v. Deloitte & Touche LLP, 476 F.3d 147, 151 (2d Cir. 2007). Defendant American DG Energy is a corporation engaged in the business of “distributing, owning and operating clean, on-site energy systems that produce electricity, hot water, heat, and cooling in the United States.” First Amended Complaint (“FAC”), Dkt. No. 16, 6. Defendant EuroSite Power is a subsidiary of American DG Energy that delivers American

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