Fundient Inventory LLC v. Ouiby Inc.
1:23-cv-01845
D. Colo.Aug 26, 2024Background
- The case involves disputes arising from a financing relationship between Fundient Inventory LLC (Fundient) and Ouiby, Inc. d/b/a Kickfurther (Kickfurther), an online inventory financing platform.
- Scott Lascelles, originally a consultant for Kickfurther, introduced Fundient and Kickfurther, later being hired by Fundient to help manage its $20 million portfolio.
- Fundient suffered portfolio losses and sued Kickfurther; Kickfurther countersued Fundient for breach of contract and related claims, also bringing third-party claims against Lascelles.
- Kickfurther’s counterclaims included breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference, and civil conspiracy; similar third-party claims were filed against Lascelles.
- Fundient and Lascelles moved to dismiss certain counterclaims/third-party claims for failure to state a claim, and Fundient moved to strike certain paragraphs in the counterclaims.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Tortious Interference (Fundient) | Fundient induced breaches of Kickfurther’s contracts by improper means | Kickfurther failed to allege improper interference | Dismissed; insufficient facts alleged re: impropriety |
| Civil Conspiracy (Fundient & Lascelles) | Lascelles and Fundient had a conspiracy to interfere | No sufficient facts to show a meeting of the minds/agreement | Dismissed; no facts showing meeting of the minds |
| Breach of Implied Covenant (Fundient & Lascelles) | Fundient & Lascelles exercised discretion in bad faith | No discretionary provision identified by Kickfurther | Not dismissed; sufficient identification of discretion |
| Motion to Strike Paragraphs | The paragraphs are material to motive and pattern | Irrelevant allegations causing prejudice | Denied; possible bearing on case, motion disfavored |
| Tortious Interference (Lascelles) | Lascelles used confidential info to induce breaches | No improper means alleged; agency bars claim | Not dismissed; allegations of wrongful means sufficient |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (standard for facial plausibility in pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standards for plausibility; conclusory allegations insufficient)
- Nelson v. Elway, 908 P.2d 102 (Colo. 1995) (elements of civil conspiracy under Colorado law)
- Amoco Oil Co. v. Ervin, 908 P.2d 493 (Colo. 1995) (factors for determining impropriety in tortious interference)