conscious indifference to their duties and to the rights and welfare of the debtors.”
Complaint at para. 74. As Posey tells us, under Rule 8(a), a party need only set out a “short and
plain statement of the claim showing that the pleader is entitled to relief.” Posey, supra, citing
Rule 8(a), Federal Rules of Civil Procedure. The plaintiff has met that standard. The claim as
pleaded withstands the motion to dismiss.
Conclusion on Motion to Dismiss
For the reasons set forth above, the Committee’s claims for breach of contract and aiding
and abetting breach of fiduciary duty will be dismissed unless the plaintiff repleads in
accordance with this decision within twenty days of its entry.
An Order will be entered consistent with this decision.