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Parfitt Way Mgmt. Corp. v. GSM by Nomad LLC

Improper Service of Process Noted in Refusal to Pierce Corporate Veil in Breach Action

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DECISION and ORDER Currently before the Court, in this breach-of-contract action filed by Parfitt Way Management Corp. d/b/a Harbour Public House (“Plaintiff”) against GSM by Nomad, LLC d/b/a Nomad Airstream, Guillaume Langevin, and Steve Clement (“Defendants”), is Defendants’ motion to dismiss Plaintiff’s claims against Langevin and Clement for insufficient service of process pursuant to Fed. R. Civ. P. 12(b)(5) and, in the alternative, to dismiss Plaintiff’s Third Claim (against Langevin and Clement for breach of contract under the doctrine of piercing the corporate veil) for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 32.) For the reasons set forth below, Defendants’ motion is granted in part and denied in part, and the Court reserves decision on of the remainder of that motion for a period of thirty days.I. RELEVANT BACKGROUNDA. Plaintiff’s ComplaintGenerally, liberally construed, Plaintiff’s Complaint asserts five claims. (Dkt. No. 1 [Pl.'s Compl.].) First, Plaintiff’s Complaint claims that Defendant Nomad breached the contract with Plaintiff by failing to perform the contracted-for renovations and customization and failing to deliver the contracted-for trailer at the specified time. (Id. at

44-50.) Specifically, Plaintiff alleges that it performed all of its obligations under the contract and that Defendant Nomad’s material breach of the contract caused it to suffer damages. (Id.)Second, Plaintiff’s Complaint claims that Defendant Nomad breached the warranties contained in the contract by failing to perform the contracted-for renovations and customization and failing to deliver the contracted-for trailer. (Id. at

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