Upic & Co. v. Kinder-Care Learning Centers, Inc.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs UPIC & Co. and United Pacific Life Insurance Company are, respectively, the registered holder and beneficial owner of $12 million of subordinated notes issued by defendant Kinder-Care Learning Centers, Inc. (“KCLC”), and bring this action to recover principal and interest due under the notes. 1 Defendant KCLC now moves, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for an order dismissing the complaint for failure to state a claim upon which relief can be granted, and, pursuant to Rules 12(b)(7) and 19, for…