true, a lawful alternative explanation appears a “more likely” cause of the complained of behavior, the claim for relief is not plausible. Id. B. Breach of Contract Claim To state a breach of contract claim under North Carolina law, Plaintiff must plead (1) the existence of a valid contract and (2) a breach of that contract by Defendant. Parker v. Glosson, 182 N.C.App. 229, 232, 641 S.E.2d 735, 737 (2007). Plaintiff specifically alleges an agreement with Defendant about the five-year term and the monthly pricing terms. Plaintiff also alleges the parties agreed to other terms and began performing pursuant to the contract in September 2009— the same month their negotiations concluded. See Marx Industries, Inc. v. Baseline Licensing Group, LLC, 2011 WL 3157295, *2 (W.D.N.C. July 26, 2011) (<HOLDING>). Finally, Plaintiff alleges the parties
holding that to rebut presumption plaintiff need only allege specific facts not plead evidence holding that a complaint must plead enough facts to raise a right to relief above the speculative level and state a plausible claim holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract