Billy Buyer Case Summary

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).

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Lahijani & Edelson LLP

Saleh AlJurbua

Lahijani & Edelson LLP

New York

Defendant Attorney:

Saleh AlJurbua

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,