Opportunity Fund, LLC v. Epitome Systems, Inc.

*536 OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Savana, Inc.’s (“Savana”) Motion to Dismiss the Amended Complaint Pursuant to Rules 12(b)(2), 12(b)(3), and 12(b)(6) of the Federal Rules of Civil Procedure (“Motion”). (Doc. 34.) For the reasons stated below, Defendant’s Motion is GRANTED in part and DENIED in part.

II. BACKGROUND

In May 2008, Plaintiff, The Opportunity Fund, LLC (“Opportunity Fund”), an Ohio company, became an “investing entity” in Epitome.Systems, Inc.. (“Epitome”), a Delaware corporation based in Pennsylvania that…