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OPPORTUNITY FUND, LLC v. EPITOME SYSTEMS, INC.

Case No. 2:11-CV-528.

912 F.Supp.2d 531 (2012)

The OPPORTUNITY FUND, LLC, Plaintiff, v. EPITOME SYSTEMS, INC., et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

November 27, 2012.

Attorney(s) appearing for the Case

Brian M. Zets , Brandon Lee Abshier , Wiles, Boyle, Burkholder & Bringardner Co., LPA, Columbus, OH, for Plaintiff.

Kristin Kendra Going , Drinker Biddle & Reath LLP, Washington, DC, Heather C. Giordanella , Matthew A. Luber , Drinker Biddle & Reath LLP, Philadelphia, PA, for Savana, Inc.

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Savana, Inc.'s ("Savana") Motion to Dismiss the Amended Complaint Pursuant to Rules 12(b)(2), 12(b)(3), and 12(b)(6) of the Federal Rules of Civil Procedure ("Motion"). (Doc. 34.) For the reasons stated below, Defendant's Motion is GRANTED in part and

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