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BT INS, Inc. v. University of Massachusetts, et al.

Doc. 19

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS BT INS, INC., Plaintiff, v. UNIVERSITY OF MASSACHUSETTS and BOARD OF TRUSTEES FOR THE UNIVERSITY OF MASSACHUSETTS Defendants. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 10-11068-DPW

MEMORANDUM AND ORDER October 19, 2010 BT INS, Inc., filed this lawsuit against the University of Massachusetts ("UMass") and its Board of Trustees (collectively, the "defendants") alleging breach of contract and other related state law claims arising out of a contract for computer services entered into by BT INS and UMass. UMass has moved to dismiss the

complaint for want of subject matter jurisdiction on the ground that UMass and the Board of Trustees, as arms of the Commonwealth of Massachusetts, are entitled to immunity from suit under the Eleventh Amendment of the United States Constitution. grant the motion to dismiss on that ground. I. BACKGROUND As I must when considering a motion to dismiss, I accept all well-pleaded factual allegations in the complaint as true and resolve any inferences in BT INS's favor. See Cooperman v. I will

Individual, Inc., 171 F.3d 43, 46 (1st Cir. 1999). 1

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On March 1, 2007, UMass entered into a contract with International Network Services Inc., a predecessor-in-interest to BT INS. (Compl.

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