SIB Development & Consulting, Inc. v. Save Mart Supermarkets

PATRICK MICHAEL DUFFY, United States District Judge

ORDER

This action is before the Court on Plaintiff SIB Development & Consulting, Inc.’s motion to dismiss Defendant Save Mart Supermarkets’ counterclaim (ECF No. 16). For the reasons stated herein, Plaintiffs motion is granted.

BACKGROUND

This matter arises out of Plaintiffs contract with Defendant, under which Plaintiff agreed to provide consulting services to Defendant to reduce Defendant’s operating costs. Defendant agreed to pay Plaintiff 50% of the savings produced by the consulting for the following thirty-six months. Plaintiff sued for…