Berdux

Berdux v. Project Time & Cost, Inc.

Good Law
669 F. Supp. 2d 1094·2009 WL 3526565·2009 U.S. Dist. LEXIS 105639
United States District Court, Northern District of CaliforniaOctober 20, 2009Case 09-3832 SCCalifornia4,989 words

Opinion

Opinion

Conti, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Now before the Court is a Motion to Dismiss (“Motion”) filed by Defendants Project Time & Cost, Inc., PT & C Forensic Consulting Services, P.A. (collectively “PT & C”), Grover Davis (“Davis”), and Ryan Maphet (“Maphet”). Docket No. 12. Plaintiff Bill Berdux (“Berdux”) has filed an Opposition, and Defendants have filed a Reply. Docket Nos. 39, 40. Having considered the papers submitted by all parties, this Court concludes that this matter is appropriate for decision without oral argument. For the reasons stated below, the Court concludes that the Motion must be DENIED.

II. BACKGROUND

Project Time & Cost, Inc., is incorporated in the State of Georgia, and PT & C Forensic Consulting Services, P.A., is incorporated in the State of Delaware. Compl. ¶¶ 2-3. PT & C is engaged in the business of providing forensic engineering services. Id. ¶ 17. This type of service is marketed primarily to insurance companies. Id. ¶ 18. Most insurance companies will only hire approved vendors of forensic engineering services, and Berdux claims that the process of becoming an approved vendor takes many months — typically six months and…

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