Judge Davis denied the motion for judgment on the pleadings because the standard for Rule 12(c) motions is the same standard of review as Rule 12(b) motions. Tatra responded by asserting that payment was not due until Tatra received payment from the Czech Republic for the vehicles and SARN provided tax documentation to Tatra. SARN argued that the pleadings established that SARN had met its obligations for payment under the Agreement and Tatra had wrongfully withheld payment.

The present suit was brought by SARN two weeks after Tatra’s request for documentation.Īfter filing suit, SARN brought a motion for judgment on the pleadings under Delaware Superior Court Civil Rule 12(c). Three months later, Tatra requested documentation from SARN for tax purposes and stated that “Tatra does not dispute its payment obligations” under the Agreement. After numerous requests for payment, Tatra sent SARN a partial payment of $40,000 for services performed under the Agreement. This sale ultimately occurred, and, under the Agreement, Tatra agreed to pay SARN $1 million. Under the Agreement, SARN was to facilitate the sale of 20 Pandur armored vehicles from Tatra to the Czech Republic. for breach of contract arising out of a Defense Policy Analysis and Advisor Agreement (the “Agreement”). 31, 2018) (“SARN I”), Judge Davis denied a motion for judgment on the pleadings brought by plaintiff SARN Energy LLC.

Judge Davis Denies Motion for Judgment on the Pleadings

Motion for judgment on the pleadings