DRAFT A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6) BASED ON FAILURE TO PLEAD SUFFICIENT FACTS
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Motion Type:    motion to dismiss
Jurisdiction:   SDNY
Court:          S.D.N.Y.
Version:        v1
Citations:      pending
Exported:       June 28, 2026 at 04:18 AM UTC
Run ID:         91eff47e-339b-4dc2-bf17-dad35aa7f96d
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NOTICE: This document is a draft generated for review purposes only. It does not constitute legal advice and is not court-filing ready.
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Defendant respectfully moves this Court to dismiss the Complaint filed by Plaintiff for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff entered into a contract with Defendant dated January 2023. The Complaint alleges that Defendant failed to perform under the terms of the contract. However, the Complaint lacks sufficient factual allegations to support a viable claim against Defendant. Under Rule 12(b)(6), a motion to dismiss should be granted if the complaint does not contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. The court must accept all factual allegations in the complaint as true and draw all reasonable inferences in favor of the non-moving party. The Complaint fails to plead sufficient facts to establish a breach of contract claim. Specifically, it does not provide details regarding the nature of the alleged breach or the specific obligations that Defendant purportedly failed to fulfill. Without these essential facts, Plaintiff's claim cannot survive a motion to dismiss. For the reasons stated above, Defendant respectfully requests that this Court grant the motion to dismiss the Complaint for failure to state a claim upon which relief can be granted.