Sweeny Co. (plaintiff), a subcontractor, sued Engineers-Constructors, Inc. (ECI) (defendant) in a federal court in Virginia. The complaint alleged contract claims as well as fraud. The basis of Sweeny’s fraud claim was that in the “spring or summer of 1985,” certain “agents and employees” of ECI represented to Sweeny that it would be paid in full for its work when, in actuality, ECI had previously developed a “scheme or device” to wrongfully terminate the subcontract and not pay Sweeny. When ECI moved to dismiss Sweeny’s fraud claim for lack of particularity, Sweeny amended its complaint. The fraud claim in the amended complaint was essentially unchanged, however. ECI again moved to dismiss the fraud claim. The court considered ECI’s motion, to which Sweeny did not respond.