Transformacon, Inc. v. Vista Equity Partners, Inc.
| Transformacon, Inc. |
| Vista Equity Partners, Inc., Lanyon Solutions, Inc. and Active Network, LLC |
| 1:2015cv03371 |
| April 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Shira A. Scheindlin |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
31
OPINION AND ORDER re: 15 MOTION to Dismiss . filed by Active Network, LLC, Vista Equity Partners, Inc., 11 MOTION to Dismiss . filed by Lanyon Solutions, Inc. For the foregoing reasons, Lanyon's motion is GRANTED . Vista's and Active's motion is GRANTED as to Vista as to Claim Two, DENIED as to Vista as to Claims One and Four, and GRANTED as to Active. To the extent that TransformaCon can amend its Complaint to state a claim for breach of the implie d covenant of good faith and fair dealing that is based on facts separate from its breach of contract claim, leave to amend Claim Two as to Lanyon and Vista is granted. Leave to amend Claims One, Three, and Four against Active is also granted. Leave to amend Claim Two against Active and Claim Four against Lanyon is denied. Any amended pleading must be filed by August 11, 2015. The final pretrial conference remains scheduled for January 14, 2016, at 4:30 p.m. The Clerk of Court is directed to close these motions (Dkt. Nos. 11 and 15). SO ORDERED. (As further set forth within this Order.) (Signed by Judge Shira A. Scheindlin on 7/21/2015) (ajs)
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