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Holmes v. Apple Inc.

Court Dismisses Fraud in the Inducement Claims In Purchase of 'Defective' Laptop

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OPINION AND ORDER  Tyrone Holmes (“Holmes” or “Plaintiff”), proceeding pro se, brings this lawsuit asserting eight causes of action against Defendants Apple Inc. (“Apple”), Amazon.com, LLC (“Amazon”), and CheckPoint Fluidic Systems International, Ltd. (“CheckPoint”). See Compl. (Doc 1). CheckPoint moves to dismiss the claims against it for lack of personal jurisdiction. See Doc. 48. Apple moves for judgment on the pleadings, or in the alternative, summary judgment in its favor on all claims. See Doc. 97. Amazon asks the Court to enter judgment against it on Holmes’ first cause of action and to dismiss his remaining seven claims. See Doc. 91. In the alternative, it also seeks summary judgment on all claims. Id. Holmes has also moved to amend his Complaint and join FedEx Ground Package System, Inc. (“FedEx”) as a Defendant. See Doc. 47. For the following reasons, each of Defendants’ motions is GRANTED and Holmes’ motion is DENIED.I. FACTUAL BACKGROUND1This case involves a convoluted tale of the sale, purchase, loss, and alleged re-sale of an Apple laptop computer. On May 10, 2016, Apple sold Amazon a MacBook Pro laptop bearing the serial number C02RQ1T3G8WN. Rule 56.1 Statement of Apple (“Apple 56.1″) (Doc. 99)1. Amazon, in turn, sold that laptop to CheckPoint on June 2, 2016. Rule 56.1 Statement of Amazon (“Amazon 56.1″) (Doc. 100)4. That laptop was packaged for delivery in Breinigsville, Pennsylvania. Id.

2-3. CheckPoint received the computer by June 7, 2016, and an employee there installed a third-party tracking software, Kaseya, onto the laptop. Id.

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