ABF Capital Corp. v. McLauchlan

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Currently before the court is defendant’s motion to dismiss plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”). For the following reasons, the court denies defendant’s motion.

I. BACKGROUND

Defendant David C. McLauchlan (“McLauchlan”) is a citizen of Illinois. In December, 1982, Regent Energy Partners (“the Partnership”), of which McLauchlan was a member, and plaintiff ABF Capital Corporation (“ABF Capital”) entered into a sublease. Under the terms of the sublease, the Partnership acquired land from ABF…