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Grasso v. Donnelly-Schoffstall

Breach Action Fails to State Claim; Definite Terms Lacking, Frauds Statute Not Satisfied

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Barbara Grasso brings this diversity action against Defendant Jennifer Donnelly-Schoffstall, individually and d/b/a Blue Ribbon Acres, asserting claims for: (1) breach of contract; (2) negligence; and (3) unjust enrichment. Dkt. No. 1 (“Complaint”). Presently before the Court is Defendant’s motion to dismiss Plaintiff’s Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. Nos. 13 (“Motion to Dismiss”); 13-1 (“Defendant’s Memorandum of Law”); 18 (“Opposition”); 20 (“Reply”). For the reasons that follow, Defendant’s Motion is granted. II. BACKGROUND The following factual allegations are assumed to be true. See Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 76 (2d Cir. 2015). Plaintiff, a resident of Stratford, New York, is an experienced and well-respected breeder of Bernese Mountain Dogs. Compl. 8. Defendant, a resident of Lovettsville, Virginia, is also a breeder of Bernese Mountain Dogs. Id. Beginning in 2001, Plaintiff and Defendant entered into an oral agreement by which Plaintiff would share with Defendant her experience in breeding, pedigree, genetic knowledge, and correct dog breeding bone structure. Id. Plaintiff also agreed to share her special knowledge in breeding dogs, teach and train Defendant in showing dogs at the American Kennel Club (“AKC”) championships and groom shows, introduce Defendant to reputable dog show handlers, and further increase the Defendant’s knowledge in order to win a competitive AKC conformation dog show ring. Id. Additionally, Plaintiff was to breed and whelp Bernese Mountain Dog puppies and raise them until they were six or seven weeks old, when Plaintiff would transport the puppies to Defendant in Virginia for socialization. Id. 11. Plaintiff would then market the puppies to her clients and arrange for their delivery to get a higher sale price, achievable only because of Plaintiff’s experience and prestige in breeding Bernese Mountain Dogs. Id.

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