Caboodles Cosmetics, Ltd. Partnership v. Caboodles, LLC

ORDER GRANTING IN PART AND DENYING IN PART COUNTER-DEFENDANT’S MOTION TO DISMISS COUNTERCLAIMS

DONALD, District Judge.

Before the Court is the motion (dkt. # 15) of Peter Henning (“Henning” or “Counter-Defendant”) to dismiss the complaint of Caboodles, LLC of Tennessee (“Caboodles Tennessee” “Buyer” or “Counter-Plaintiff’) pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). Caboodles, LLC alleges that Henning in his personal capacity 1) breached the warranty set forth in the Asset Purchase Agreement between Caboodles, LLC and Caboodles Cosmetics, LP of Nevada (“Caboodles Nevada” or “Seller”); 2)…