Custopharm, Inc. v. Exela Pharma Sciences, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CUSTOPHARM, INC., a Texas Case No.: 20-cv-01587-AJB-DEB 11 Corporation, ORDER DENYING DEFENDANT’S Plaintiff, MOTION TO DISMISS THE FIRST

AMENDED COMPLAINT

v. (Doc. No. 17)

EXELA PHARMA SCIENCES, LLC,

a Delaware Limited Liability Company,

17 Defendant. 18 Pending before the Court is Exela Pharma Sciences, LLC’s (“Defendant”) Motion to Dismiss CustoPharm, Inc.’s (“Plaintiff”) First Amended Complaint (“FAC”). (Doc. No. 17.) Plaintiff filed an opposition to the motion (Doc. No. 27), and Defendant filed a reply (Doc. No. 28). For the reasons set forth below, the Court DENIES Defendant’s motion. I. BACKGROUND This action stems from an alleged breach of contract. On or about May 19, 2009, Plaintiff entered into a written referral fee agreement (“Referral Agreement”) with Defendant. (Doc. No. 24 ¶ 6.) Under the Referral Agreement, Plaintiff agreed to refer business to Defendant “for the production of pre-launch clinical …