Premier Exhibitions, Inc. v. Marmargar, Inc.

MEMORANDUM OPINION AND ORDER

REBECCA BEACH SMITH, Chief Judge.

This matter comes before the court on the Motion to Dismiss [Counterclaim] for *743Failure to State a Claim (“Motion to Dismiss”), filed by Premier Exhibitions, Inc. (“Premier”) and RMS Titanic, Inc. (“RMST”), pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 17.)

I. Factual and Procedural Background

This is a declaratory judgment action concerning the enforceability of two purported contracts, which pertain to the appraisal and sale of artifacts from the RMS Titanic (“Titanic ”). Marmargar, Inc. (“Marmargar”), a New York…