JMS’s Responsive Motions to Dismiss Sample Clauses

JMS’s Responsive Motions to Dismiss. Instead of answering the Class Action Complaint, on August 19, 2022, JMS moved to dismiss certain claims in the Action. Specifically, JMS moved to dismiss Plaintiffs’ breach of contract claim as to Plaintiff Xxxxxx Transport, LLC (Xxxxxx), and the remaining claims (fraud, breach of fiduciary duty, unjust enrichment, and demand for an accounting) as to all Plaintiffs. XXX asserted that Xxxxxx’x Carrier Broker Agreement did not support his claim for breach of contract. JMS also averred that Plaintiffs’ claims for fraud, breach of fiduciary duty and unjust enrichment were premised exclusively on allegations of fraudulent conduct and, therefore must, but did not, comply with the heightened pleading requirement of Rule 9(b). JMS further argued that Plaintiffs’ demand for an accounting, a remedy, did not state a cause of action. After Plaintiffs filed the FAC on September 9, 2022, JMS’s motion to dismiss the initial Complaint was rendered moot. As a result, on October 3, 2022, JMS filed a second partial motion to dismiss certain of the claims asserted in the FAC. In this motion, JMS re-asserted that Xxxxxx’x breach of contract claim should be dismissed, and that Plaintiffs’ claims for fraud, breach of fiduciary duty, unjust enrichment, and demand for accounting should be dismissed in their entirety. In addition, JMS asserted that Plaintiffs’ Federal Leasing Regulations claims, except for 49 C.F.R. § 376.12(k), should be dismissed as to the owner-operator plaintiffs; and the Federal Leasing Regulations claim brought under the broker regulations, 49 C.F.R. §§ 371.1 et seq., should be dismissed as to all Plaintiffs. In general, XXX has denied the allegations in the FAC and denied that Plaintiffs were entitled to any relief.
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Related to JMS’s Responsive Motions to Dismiss

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