David Marshall vs Esprida Corporation

Nature of Proceedings: Motion Dismiss
Motion of Defendant to Dismiss First Amended Complaint

For the reasons set forth herein, the motion of defendant is granted to the extent that this action is stayed pending prosecution of plaintiff’s action in Massachusetts.


This is an action for breach of contract and wrongful termination.

Plaintiff David Marshall filed his complaint alleging breach of contract on August 20, 2010. The First Amended Complaint (“FAC”) was filed on January 3, 2011. The FAC alleges that Marshall entered into a written employment agreement with defendant Esprida Corporation (“Esprida”). (FAC, ¶ 12.) Esprida is a technology company organized as a Delaware corporation and headquartered in Canada. (FAC, ¶¶ 4, 10.) Marshall was employed as an account executive. (FAC, ¶ 12.)

Esprida terminated Marshall’s employment in August 2008. (FAC, ¶ 16.) Marshall brought this ........