John Swann Holding Corp. v. Simmons

MEMORANDUM AND ORDER

ANALISA TORRES, District Judge:

In this diversity action, Plaintiff, John Swann Holding Corp., derivatively on behalf of ClubCreate, Inc. (“CCI”), alleges that Defendants, Corey Simmons, Curt-land Fields, and Annette Strickland, breached their fiduciary duty to CCI’s stockholders. Plaintiff also asserts claims for conversion and unjust enrichment against Simmons. Defendants move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the fiduciary duty claims as to all Defendants, except for any bad faith or duty of loyalty claims asserted against…