Legal Opinion

North American Communications, Inc. v. InfoPrint Solutions Co.

District Court, W.D. Pennsylvania

Decided August 3, 2011No. Civil Action 3:08-288Published

1Opinion of the Court

MEMORANDUM AND ORDER OF COURT

GIBSON, District Judge.

I. SYNOPSIS

This matter comes before the Court on Defendant International Business Machine Corporation’s Motion to Dismiss the Third Amended Complaint (the “Motion to Dismiss”) (Doc. No. 62), pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). Plaintiff opposes the Motion to Dismiss. Doc. No. 68. For the reasons that follow, the Motion to Dismiss is DENIED.

II. BACKGROUND

This case arises out of Plaintiffs lease of two (2) high speed copier machines/printers (the “Machines” or the “Printers”), manufactured by Defendant International…

2Cases cited19 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Iqbal v. HastyCourt of Appeals for the Second Circuit · 2007
  5. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003

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