La Jolla Spa MD, Inc. v. Avidas Pharmaceuticals, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LA JOLLA SPA MD, INC, Case No. 3:17-CV-01124-MMA-WVG

Plaintiff,

ORDER DENYING

v. DEFENDANT’S MOTION TO

DISMISS OR, IN THE

AVIDAS PHARMACEUTICALS, LLC,

ALTERNATIVE, FOR SUMMARY

Defendant. JUDGMENT

16 Doc. No. 96 17 18 19 La Jolla Spa MD, Inc. (“Plaintiff”) filed a Third Amended Complaint (“Complaint”) against Avidas Pharmaceuticals, LLC (“Defendant”) for breach of contract. See Doc. No. 87 (“Compl.”). Defendant filed an Answer. See Doc. No. 90 (“Answer”). Defendant moves to dismiss Plaintiff’s Complaint for lack of subject-matter jurisdiction as well as for failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). See Doc. No. 96. Defendant moves in the alternative for summary judgment under Federal Rule of Civil Procedure 56. See id. Plaintiff filed an opposition to the motion, and Defendant replied. See Doc Nos. 97, 99. The Court found the matter suitable…