![]() “In order to allege a material breach in accordance with the pleading standards The contract or a legal excuse for its nonperformance (3) a material breach and (4) damages.” The Plaintiff must allege: “(1) a valid contract (2) Plaintiff's performance of her obligations under “To state a claim for breach of contract under Florida law, Granted under Rule 12(b)(6), the court must accept the plaintiff's allegations as true and evaluateĪll possible inferences derived from those facts in favor of the plaintiff. ![]() When a defendant moves to dismiss for failure to state a claim upon which relief can be True, to ‘state a claim to relief that is plausible on its face.’” Id. “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as Nor can a complaint rest on “‘naked assertion’ devoid of ‘further factualĮnhancement.’” Iqbal, 556 U.S. Pleading standard “demands more than an unadorned, the-defendant-unlawfully-harmed-meĪccusation”). Recitation of the elements of a cause of action will not do.” Bell Atl. Although a complaint “does not needĭetailed factual allegations,” it must provide “more than labels and conclusions, and a formulaic ![]() That the pleader is entitled to relief.” Fed. atĪs noted above, Plaintiff has filed no Response.Ī pleading in a civil action must contain “a short and plain statement of the claim showing Pembroke Pines Agreement, so Plaintiff lacks standing to assert a breach of that Agreement. Moves to dismiss Count II because Plaintiff Jumping Jack Retail II, Inc. ![]() Located in Pembroke Pines, Florida, in violation of the franchise agreement governing that storeĭefendant moves to dismiss Count I for failure to allege a breach of a contract provision,įailure to allege Plaintiff’s compliance with the Miami Agreement, and failure to comply with theįive-year statue of limitations governing breach of contract claims. Count IIĪlleges 7-Eleven improperly withdrew money from a second franchise, store number 34822, The store was a “losing proposition” in a high crime area. Count I alleges Defendant breached theįranchise agreement for store number 38056A (“Miami Agreement”) for failing to disclose that Plaintiff’s instant Complaint asserts two claims. The second case for failure to comply with a pre-suit mediation requirement. 17, 2016) (Gayles, J.) (dismissing case for failing to respond to Failure to do so may be deemed sufficient cause for granting the motion by default.”) Arrington (“each party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after Plaintiff’s failure to respond constitutes an independent basis for the Motion to be granted. The first case for failure to allege subject matter jurisdiction. This is the third time this Plaintiff and this Defendant have been before this Court onĮssentially the same breach-of-contract claims involving 7-Eleven franchises. For the reasons set forth below, the Motion is granted. Has carefully reviewed the Motion, the record in this case, the applicable law, and is otherwiseįully advised. The Court proceeds to address the merits of the Motion without the benefit of a response. Motion by the applicable deadline or to request an extension of time in which to do so. Pursuant to Local Rule 7.1(c), a response to the ![]() THIS CAUSE is before the Court upon Defendant 7-Eleven, Inc.’s Motion to Dismiss,ĮCF No. Case 0:23-cv-60460-BB Document 13 Entered on FLSD Docket of 5 ![]()
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