Lapham v. Trolley Pub of North Carolina, LLC et al, No. 1:2016cv00469 - Document 21 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 12/12/2016. (awac)
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Lapham v. Trolley Pub of North Carolina, LLC et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division THOMAS LAPHAM, Civil No. l:16-cv-469 Plaintiff, Hon. Liam O'Grady V. TROLLEY PUB OF NORTH CAROLINA, LLC, et al., Defendants. MEMORANDUM OPINION In 2012, Thomas Laphambegan investing in a nationwide trolley pub business venture. After a few years of unsuccessfully attempting to growthe business, Lapham became dissatisfied with the venture and, after a dispute arose, he sued his partners on theories of fraud and breach of contract. Lapham's initial complaint was dismissed without prejudice, and he filed an amended complaint on June 13,2016. (Dkt. No. 12). Defendants then filed this motion to dismiss pursuant to Rule 12(b)(6). (Dkt. No. 13). For the reasons discussed below, this motion is hereby GRANTED. 1. BACKGROUND A. Allegations in the Complaint On February 29,2012, JeffMurison and Kaapro & Cole Ventures, LLC ("K&C")— owned by Andrew Cole and Kai Kappro—executed an Operating Agreement for Trolley Pubof North Carolina, LLC ("TPNC"). K&C was "organized for the purpose of managing businesses thatoperate pedal-powered trolley tours in several locations throughout the United States," and Dockets.Justia.com
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