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MJM Visions LLC v. CSC Serviceworks Inc.

Lease Agreements Entitled Laundry Machine Provider to Notice, Opportunity to Cure

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MEMORANDUM AND ORDER  Plaintiff MJM Visions, LLC (“Plaintiff” or “MJM”) brings this putative class action against Defendant CSC Serviceworks, Inc. (“Defendant” or “CSC”) alleging breach of contract and unjust enrichment. (ECF No. 1 “Complaint”). Pending before the Court is CSC’s Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, to strike Plaintiff’s class allegations pursuant to Rules 12(f) and 23 of the same. (ECF No. 15). For the reasons explained below, Plaintiff’s action is not ripe for adjudication and CSC’s motion is GRANTED. BACKGROUNDCSC is a Delaware corporation with its principal place of business in Plainview, New York, and provides coin-operated laundry machines to universities, laundromats, and residential multiunit buildings. (Complaint11). Over the last several years, CSC has acquired many of its competitors and their pre-existing service contracts, some of which are in the form of leases where CSC rents building space for its laundry machines and pays the landlords of those buildings a share of the net revenue generated by the machines. (Id. at

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