Syverson v. Firepond

Submitted: March 11, 2004 George Flora and Jay Syverson filed civil actions–seeking damages for fraud, negligent misrepresentation, and breach of contract–against FirePond, Inc. (""FirePond"") and Robertson Stephens, Inc. (""Robertson""). Flora and Syverson appeal1 the district court's2 order dismissing their claims pursuant to Federal Rule of Civil Procedure 12(c). We affirm. I. Background A. Flora Based on the procedural stage of the dismissal, we presume the facts alleged in the complaint to be true. In 1997, Flora orally agreed to supply personnelplacement services to FirePond3 in exchange for stock options on FirePond securities. Flora agreed to accept stock options on 150,000 shares of FirePond stock in return for his first year of placement services. Per the agreement, Flora's options were to vest immediately and no limitations were placed on his right to exercise the options.