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Util Auditors LLC v. Honeywell Int'l Inc.

Breach Action Dismissed; Full Performance, Entitlement to Share of Savings Not Alleged

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OPINION & ORDER Before the Court is Defendant Honeywell International Inc.’s (“Honeywell”) motion under Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff Util Auditors, LLC’s (“Util”) complaint. For the reasons below, Honeywell’s motion is granted.I. BackgroundA. Factual BackgroundThe following facts and allegations are taken from the complaint and, at this stage, must be deemed to be true. Plaintiff Util is a limited liability corporation with its principal place of business in Florida, where both of its members are domiciled. (Compl. 9, ECF No. 1 (filed June 21, 2017).) Defendant Honeywell is a Delaware corporation with its principal place of business in New Jersey. (Id. 10.)Util provides auditing services that identify ways for companies to save money on their utility bills and service contracts. (Id.

1, 11.) On March 17, 2016, Util and Honeywell entered into a Master Services Agreement (the “Agreement”) which specified that Util would (1) conduct an “invoice analysis” by identifying surcharges, consumption errors, penalties, and taxes which Honeywell could recover and (2) perform a “savings implementation” to help Honeywell implement Util’s recommendations. (Id.

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