Imedicor, Inc. v. Massachusetts Mut. Life Ins. Co.

Now comes Plaintiff, "Vemics" and moves this court to dismiss the counterclaim of the Defendant, "Mass. Mutual".

A. Count I of the counterclaim admits the parties. See Defendant's Counterclaims, ¶¶ 1 - 2.

B. Count I of the counterclaim admits the contract between the parties (hereafter the "Contract"). See Defendant's Counterclaims, ¶ 4.

C. Mass. Mutual paid Vemics more than $490,850.00 on the Contract. See Defendant's Counterclaims, ¶ 5.

D. The counterclaim alleges that Vemics caused significant damages to Mass. Mutual. See Defendant's Counterclaims, ¶¶ 6 - 7.

E. The Contract was signed December 22, 2006, and called for annual renewals thereafter See Complaint, Exhibit B-1. II. ARGUMENT

A. Count I of the counterclaim must be dismissed under Fed.R.Civ. Pro. Rule 12 b(6) for failure to state a claim.

B. The Contract between the parties called for Vemics to provide to Mass. Mutual its Live Access video conferencing with a 130 seat license, annual help desk support, hosting services, related software and some hardware for telecommunications.