WL at *3. However, defendants must still identify what they believe those representations to be, and plead a statement of facts upon which their belief is based. Id. (stating that a pleading “upon information and belief’ must allege “factual allegations that make [a] theoretically viable claim plausible”). They have not done so. As defendants have not met the requirements of Rule 9(b), the Court GRANTS plaintiffs motion to dismiss defendants’ fraud claims. However, the Court will give defendants one final opportunity to amend their claims to meet the particularity requirements of Rule 9(b). See Summer v. Land & Leisure, Inc., 664 F.2d 965, 971 (5th Cir.1981) (noting that “dismissal for failure to comply with Rule 9(b) is almost always with leave to amend”) and Cooper, 19 F.3d at 568-69 (<HOLDING>). Defendants should file their amended fraud
holding that a plaintiff should be allowed to amend the complaint to add a claim holding that plaintiff was entitled to one chance to amend the complaint and bring it into compliance with rule 9b holding that rule 9b applies to fca holding a complaint failed to satisfy rule 9b where the allegations were lacking in detail holding that denial of leave to amend was appropriate because the plaintiff sought to amend his complaint two years after filing his complaint  on the eve of trial when discovery was complete