Bishay

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Samer Bishay, No. 2:19-cv-00178-KJM-AC Plaintiff, ORDER v. Icon Aircraft, Inc., 1S Defendant. 16 Plaintiff Samer Bishay seeks specific performance of a contract he entered into with defendant Icon Aircraft, Inc., to purchase a limited-edition aircraft. Defendant moves to dismiss 19 plaintiffs third amended complaint. Having considered the parties’ positions, relevant legal 20 authority, and the pleadings in this case, the court grants defendant’s motion with prejudice. I. BACKGROUND This contract dispute arises in diversity and concerns plaintiff's planned purchase of a 23 specialty aircraft from defendant. The court reviewed the factual background in detail in a 24 previous order, see First Mot. Dismiss Order, ECF No. 18, so the court only summarizes the 25 relevant details here. In 2011, the parties agreed to a “fixed” price of $135,000. See Third Am.…