Agreement Enforcement, Inc. v. Ellen Pataro

I. INTRODUCTION

On December 7, 2020, plaintiff Agreement Enforcement, Inc. filed suit in this Court against defendant Ellen Pataro. The operative First Amended Complaint, filed on December 10, 2020, alleges claims for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, and (4) unjust enrichment. Dkt. 10 (“FAC”). The claims arise from defendant’s alleged failure to make payments due pursuant to a litigation funding agreement. On March 1, 2021, defendant filed the instant motion to dismiss or, in the alternative, join a party. Dkt. 22 (“Mot.”). Defendant concurrently filed a request for judicial notice. Dkt. 21 (‘RJN”). On March 29, 2021, plaintiff filed an opposition. Dkt. 26 (‘Opp.”). On April 19, 2021, defendant filed a reply, dkt. 29 (“Reply”), and a supplemental request for judicial notice, dkt. 28 (“Supp. RJN”).!. On April 25, 2021, plaintiff filed an ex parte

Pursuant to Fed. R. Evid. 201(b)(2), the Court GRANTS defendant’s request for judicial notice, which attaches briefing, orders and a copy of the docket pertaining to a divorce proceeding, In re the Marriage of Mario…