United States District Court, D. New Jersey
MEMORANDUM OPINION AND ORDER
G. SHERIDAN, U.S.D.J.
matter comes before the Court on Defendants' Motion to
Dismiss Plaintiffs Third Amended Complaint. (ECF No. 71).
This Court has previously dismissed iterations of Plaintiff s
complaint three times without prejudice. (See ECF
Nos. 34, 46, 67).
Court has provided Plaintiff with several opportunities to
amend its Complaint to allege more facts regarding
Defendants' alleged misappropriation and use of
Plaintiff's trade secrets, but, yet again, Plaintiff has
failed to state a claim. For the reasons stated herein,
Defendant's Motion to Dismiss is granted and
Plaintiff's Third Amended Complaint is dismissed without
Court's prior opinions have discussed the underlying
facts and procedural history in detail and will be adopted
here. (See ECF Nos. 34, 46, 67). In addition,
because many of the facts in Plaintiff's First and Second
Amended Complaints mirror those of its Third Amended
Complaint, this Court will only discuss the new facts that
Plaintiff asserts in its Third Amended Complaint.
motion to dismiss for failure to state a claim pursuant to
Fed.R.Civ.P. 12(b)(6), the Court is required to accept as
true all allegations in the Complaint and all reasonable
inferences that can be drawn therefrom, and to view them in
the light most favorable to the non-moving party. See
Phillips v. County of Allegheny, 515 F.3d 224, 230 (3d
Cir. 2008). "To survive a motion to dismiss, a complaint
must contain sufficient factual matter, accepted as true, to
'state a claim to relief that is plausible on its
face.'" Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Ail. Corp. v. Twombly, 550
U.S. 544, 570 (2007)). The Third Circuit has set forth a
three-part analysis for determining whether a complaint may
survive a motion to dismiss for failure to state a claim:
First, the court must "tak[e] note of the elements a
plaintiff must plead to state a claim." Second, the
court should identify allegations that, "because they
are no more than conclusions, are not entitled to the
assumption of truth." Finally, "where there are
well-pleaded factual allegations, a court should assume their
veracity and then determine whether they plausibly give rise
to an entitlement for relief."
Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d
means that [the] inquiry is normally broken into three parts:
(1) identifying the elements of the claim, (2) reviewing the
complaint to strike conclusory allegations, and then (3)
looking at the well-pleaded components of the complaint and
evaluating whether all of the elements identified in part one
of the inquiry are sufficiently alleged." Malleus v.
George, 641 F.3d 560, 563 (3d Cir. 2011). While a court
will accept well-pleaded allegations as true for the purposes
of the motion, it will not accept bald assertions,
unsupported conclusions, unwarranted inferences, or sweeping
legal conclusions cast in the form of factual allegations.
Iqbal, 556 U.S. at 678-79; see also Morse v.
Lower Merion School District, 132 F.3d 902, 906 (3d Cir.
1997). A complaint should be dismissed only if the
well-pleaded alleged facts, taken as true, fail to state a
claim. See In re Warfarin Sodium, 214 F.3d 395,
397-98 (3d Cir. 2000). The question is whether the claimant
can prove any set of facts consistent with his or her
allegations that will entitle him or her to relief, not
whether that person will ultimately prevail. Semerenko v.
Cendant Corp., 223 F.3d 165, 173 (3d Cir.), cert,
denied, 531 U.S. 1149 (2001).
"[t]he pleader is required to 'set forth sufficient
information to outline the elements of his claim or to permit
inferences to be drawn that these elements exist.""
Kost v. Kozakewicz, 1 F.3d 176, 183 (3d Cir. 1993)
(quoting 5A Wright & Miller, Fed. Practice &
Procedure: Civil 2d § 1357 at 340). "While a
complaint attacked by a Rule 12(b)(6) motion to dismiss does
not need detailed factual allegations, a plaintiff's
obligation to provide the 'grounds' of his
'entitle[ment] to relief requires more than labels and
conclusions, and a formulaic recitation of the elements of a
cause of action will not do, .... Factual allegations must be
enough to raise a right to relief above the speculative
level, ... on the assumption that all the allegations in the
complaint are true (even if doubtful in fact), ...."
Twombly, 550 U.S. at 555 (internal citations and
case, Defendants argue that the Third Amended Complaint has
not offered any new factual allegations which would
demonstrate that they allegedly used or misappropriated
Oakwood's trade secrets and what the purported trade
secrets were. (Defs.' Br. in Support of Mot. to Dismiss,
8, ECF No. 71-1). Defendants also argue that Plaintiff has
failed to specify what detriment it has allegedly suffered.
(Id.). In response, Plaintiff argues that it has
sufficiently identified its trade secrets and has
sufficiently plead Defendants' misappropriation and use
of Oakwood's trade secrets. (See Pl.'s
Opp'n Br., 20-31, ECF No. 74).
Plaintiffs Third Complaint is more compelling than its
previous ones, this Court nonetheless finds that Plaintiff
has not sufficiently alleged new factual allegations to
support its claims of misappropriation of trade secrets,
breach of contract, and tortious interference with a
contract. Accordingly, Defendant's motion to dismiss is
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