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Contract: Other | Massachusetts
Order ~Util - Terminate Motions
Judge George A. OToole, Jr: ELECTRONIC ORDER entered.Xyleco, Inc. has commenced separate civil actions against George T. Argyris, as Trustee of the Shultz 1989 Family Trust, Civil Action No. 25-10278-GAO, and against Marcia Dam, as Executor of the Estate of Kenneth W. Dam, Civil Action No. 25-12394-GAO. Each action asserts two similar counts: Count I for Breach of Contract and Count II for Unjust Enrichment (in the alternative to Count I) against the respective defendants. The defendant in each case has moved to dismiss both counts of the respective complaints. After careful consideration of the parties’ respective written briefs and their oral arguments, the Court concludes that in each case the respective motions are DENIED in part and GRANTED in part. The motions to dismiss are denied as to Count I of each complaint, Xyleco’s breach-of-contract claims. In each case, Count I plausibly alleges facts stating a claim to relief, and the complexity of the issues raised thereby requires a more fulsome assessment of the merits. On the other hand, the motions to dismiss are granted as to Count II of each complaint, Xyleco’s unjust enrichment claims. In light of the underlying disputes, the breach of contract claims are either sufficient to the plaintiff’s success in each case or not. The purported invocation of the alternate claims of unjust enrichment would not succeed if the contract claims were to be rejected. See, e.g., Shaulis v. Nordstrom, Inc., 865 F.3d 1, 16 (1st Cir. 2017). Count II of each complaint is DISMISSED.Associated Cases: 1:25-cv-12394-GAO, 1:25-cv-10278-GAO(FGD)
Xyleco, Inc. has commenced separate civil actions against George T. Argyris, as Trustee of the Shultz 1989 Family Trust, Civil Action No. 25-10278-GAO, and against Marcia Dam, as Executor of the Estate of Kenneth W. Dam, Civil Action No. 25-12394-GAO. Each action asserts two similar counts: Count I for Breach of Contract and Count II for Unjust Enrichment (in the alternative to Count I) against the respective defendants. The defendant in each case has moved to dismiss both counts of the respective complaints.
After careful consideration of the parties’ respective written briefs and their oral arguments, the Court concludes that in each case the respective motions are DENIED in part and GRANTED in part. The motions to dismiss are denied as to Count I of each complaint, Xyleco’s breach-of-contract claims. In each case, Count I plausibly alleges facts stating a claim to relief, and the complexity of the issues raised thereby requires a more fulsome assessment of the merits.
On the other hand, the motions to dismiss are granted as to Count II of each complaint, Xyleco’s unjust enrichment claims. In light of the underlying disputes, the breach of contract claims are either sufficient to the plaintiff’s success in each case or not. The purported invocation of the alternate claims of unjust enrichment would not succeed if the contract claims were to be rejected. See, e.g., Shaulis v. Nordstrom, Inc., 865 F.3d 1, 16 (1st Cir. 2017). Count II of each complaint is DISMISSED.
Other Fraud | California Northern
Withdraw as Party's Only Attorney
MOTION to Withdraw as Attorney filed by Martin Winterkorn. Responses due by 8/24/2026. (Attachments: # 1 Proposed Order)(Stanley, Christopher) (Filed on 8/18/2026)
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