Session

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division R.A. SESSION, II Case No. 20-cv-05407-LB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS COUNTERCLAIMS

4D MOLECULAR THERAPEUTICS INC, Re: ECF No. 17 Defendant. 16 INTRODUCTION The plaintiff, R.A. Session, worked for the defendant, 4D Molecular Therapeutics Inc., as a chief business officer and (later) as a consultant, and he sued 4D for allegedly not honoring stock options promised in a separation contract that memorialized a consulting arrangement. He claimed breach of contract and fraud and asked for declaratory relief.1 4D countersued for breach of the parties’ underlying employment contract, which preceded the separation agreement and prohibited certain outside activities. 4D also alleged fraud.2 Mr. Session moved to dismiss the counterclaims under Federal Rule of Procedure 12(b)(6) on the grounds that (1) the separation contract 25 26 27 1…