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Smart Shoppers NY LLC v. Tylers Coffee LLC

Plaintiff Fails to Allege Formation of Valid Agreement; Fraud Claims Are Insufficient

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OPINION & ORDER Smart Shoppers NY LLC (“Plaintiff”) commenced this action against Defendants Tyler Ornstein and Doug Harding (collectively the “Individual Defendants”) and the companies owned and controlled by them, Tylers Coffee LLC D/B/A Tylers Acid-Free Coffee A/K/A Tylers Coffees®, LifttedCoffee LLC, and Resineater420 LLC (collectively the “Company Defendants,” and together with the Individual Defendants, the “Defendants”), asserting common law claims for breach of contract, unjust enrichment, and fraud. (First Amended Complaint (“FAC”) 70-89, ECF No. 15.) Before this Court is Defendants’ motion to dismiss Plaintiff’s FAC in its entirety with prejudice pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6). (Defs.’ Mem. of Law in Supp. of Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), pp. 9-12, ECF No. 54.) For the following reasons, Defendants’ motion is DENIED in part and GRANTED in part, and Plaintiff’s complaint is dismissed in its entirety without prejudice. BACKGROUND I. Factual Background The following facts are derived from Plaintiff’s FAC and are assumed as true for purposes of this motion.1 See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A. The Parties Plaintiff is a New York limited liability company, where all of its members all reside. (FAC

10-12.) Levi Schecter (“Schecter”) is the CEO of Smart Shoppers NYC LLC. (FAC 12.) Company Defendants are three Arizona limited liability companies that operate from Tucson, Arizona. (Id.

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