Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Smart Shoppers NY LLC v. Tylers Coffee LLC

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements