7-5 at 2.) Terry Kerbough ('Kerbough'), President of AMP, signed the Plea Agreement, which certified that: В§ 1001, agreeing to a criminal forfeiture of $529, 750. ( See id.) AMP pled guilty to one count of making a false statement to the United States Government in violation of 18 U.S.C. 7-3.) Chand is not mentioned in the Indictment. On December 14, 2011, a federal grand jury indicted AMP and two of its corporate officers, Florio and James Rae, for making false representations to the United States Government (the 'Indictment'). В¶ 15.) AMP's Vice President, Michael Florio ('Florio'), signed the sourcing certification on behalf of AMP, allegedly in reliance on Chand's representations.

В¶В¶ 15, 16.) According to AMP, the pumps violated USAID's sourcing requirements because significant component parts were manufactured outside the United States. ( Id.) AMP alleges that Chand misrepresented to AMP his knowledge about USAID's sourcing requirements, incorrectly advising AMP's officers that the pumps were in compliance because 50% of their sales price was attributable to activities in the United States. ( Id.) Chand, who was not an officer of AMP, allegedly filled out the certification paperwork. As a condition for CIP funding, AMP was required to certify to USAID that the pumps met USAID's source and origin requirements. USAID funded the pumps through its Commodity Import Program ('CIP'). ( Id.) AMP alleges that Chand assisted Flowtech in arranging funding for the purchase through USAID, the United States' leading international aid organization.

В¶ 12.) The total purchase price for the 12 pumps and related spare parts and services was $640,000.00. On or about March 5, 2008, an Egyptian importer, Flowtech for Consulting & Engineering Works ('Flowtech'), ordered 12 large industrial pumps from AMP to use in a project on the Nile River. В¶ 4.) Part of those responsibilities included ensuring that all international sales were done in strict compliance with all applicable laws, rules, and regulations. В¶ 3.) In that position, Chand was allegedly responsible for all international sales made by AMP. AMP alleges that Chand worked at AMP as Director of International Sales from to January 1, 2009. BackgroundДЄMP markets, sells, and distributes industrial water pumps and accessories internationally.

For the following reasons, the Motion is GRANTED. 14.) Because the Court can determine the merits of the Motion on the Pleadings and the underlying documents to which they refer, the Court construes the Motion as a Motion to Dismiss. 1.)Д«efore the Court is Chand's NovemMotion to Dismiss or, in the Alternative, for Summary Judgment (the 'Motion'). В¶В¶ 23-24.) Chand removed the case to this Court under 28 U.S.C. 1-1.) Plaintiff alleges that Chand breached his duties of loyalty, fidelity, care, competence, and diligence owed to AMP, which resulted in AMP's pleading guilty to making a false statement to the United States Government. Chand ('Chand') in the Chancery Court of Shelby County, Tennessee, for the Thirtieth Judicial District at Memphis. On September 27, 2013, Plaintiff American Marsh-Pumps ('AMP') filed a Complaint against Defendant Ramachandran M. MAYS ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

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