Lahijani & Edelson LLP New York Attorney for Defendant: Saleh AlJurbua UNITED STATE DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SALLY SELLER, Plaintiff and Counterclaim Defendant, v. BILLY BUYER Defendant and Counterclaim Plaintiff. 17-cv-1234 NOTICE OF MOTION PLEASE TAKE NOTICE that, upon the annexed Affidavit of Billy Buyer, and Exhibit (A) annexed hereto, the accompanying Memorandum of Law, and all prior papers and proceedings herein, request that this Court dismiss Plaintiff Breach of contract claim pursuant to Federal Rule of Civil Procedure 12(b)(6). ---------------------------------- Lahijani & Edelson LLP Saleh AlJurbua Lahijani & Edelson LLP New York Defendant Attorney: Saleh AlJurbua …show more content…
RELEVANT CONTRACTUAL CLAUSE Clause 7.3 of the purchase agreement between the Defendant and the Plaintiff state that the parties are required to negotiate in good faith prior to commencing litigation. The purchase agreement is attached hereto as Exhibit A According to a recent New York federal court decision, “If a Plaintiff fails to exhaust requisite non-judicial remedies before filing a complaint, it is appropriate to dismiss the case pursuant to Rule 12(b)(6). “ Du v. Hu, 524 F.3d 1299, 1302 (E.D.N.Y. 2008). The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,