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Try CasePortal for FreeJ. Conrad adopts the magistrate judge’s memorandum and recommendation because neither party in this breach of contract suit has challenged it. One party, a pharmaceutical supplies distribution firm, moves to dismiss allegations brought by the other, a medical supplies manufacturer, regarding an agreement they made to capitalize on supplies during the early days of the Covid-19 pandemic. The manufacturer claims the firm expressly went against the contract by seeking out one of its clients to do business directly and sell billions of dollars’ worth of tests, but the firm argues that the manufacturer directed it to do so. While the manufacturer did put the two in touch, the firm fails to evidence that the manufacturer directed it to contract with its client. Thus, the manufacturer’s claim survives the motion to dismiss.