Sweetser v. NETSMART TECHNOLOGIES, INC.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

GEORGE Z. SINGAD, Chief Judge.

Plaintiff Sweetser has brought a four-count Complaint against Defendant Nets-mart alleging breach of contract (Count I), breach of express warranties (Count II), unjust enrichment (Count III) and negligence (Count IV). Now before the Court is Netsmart’s Motion to Dismiss seeking dismissal of all counts pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). Sweetser opposes dismissal of its breach of contract and breach of warranties claims, but agrees to the dismissal of the unjust enrichment and…