Meridian Project Systems, Inc. v. Hardin Construction Co.

MEMORANDUM AND ORDER

This matter is before the court on motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), filed by plaintiff and counterdefendant Meridian Project Systems, Inc. (“Meridian”), and . counterdefendants James Olsen (“Olsen”), John Bodrozic (“Bodrozic”), and Mike Carrington (“Carrington”). , Defendant and countercomplainant, Computer Methods International Corp. (“CMIC”), opposes the motion.

BACKGROUND

Meridian is a software company that provides project management software for large real estate projects and other capital-intensive construction initiatives. (First Amended Complaint (“FAC”) ¶ 9.) Meridian’s “flagship” product is Prolog Manager (“Prolog”), a project management software package that automates all aspects of the construction process, from project design to closeout. (FAC ¶ 9.)

Defendant Hardin Construction Company, LLC (“Hardin”) is a large construction company in Georgia and long-time customer of Meridian for its Prolog product. (FAC ¶ 11.) Defendant CMIC is a software company based in Canada that provides software products and software con-suiting. (FAC ¶ 14.)

Meridian alleges that, beginning in late 2000 or early 2001, Hardin and CMIC initiated a…