Muirfield (Delaware), L.P. v. Pitts, Inc.

RULING

SCOTT, Senior District Judge.

I. Introduction

Before us by referral is a Motion To Dismiss under Fed.R.Civ.P. 12(b)(1), (6), and (7) for lack of subject matter jurisdiction, failure to state a claim, and failure to join indispensable parties. Jurisdiction in this breach of contract case is initially premised on diversity of citizenship, 28 U.S.C. § 1332. For the reasons discussed below, the motion is DENIED.

II. Factual Background

This suit arises out of the alleged failure of the defendants, Pitts, Inc. (“Pitts”) and Red Oak Farms, Inc. (“Red Oak”), to perform under a letter agreement with…