Brazil
Brazil v. Dell Inc.
Opinion
Opinion
Whyte, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND TO STRIKE PLAINTIFFS’ CLASS ACTION ALLEGATIONS
Defendant Dell Inc. (“Dell”) moves to dismiss plaintiffs’ First Amended Complaint (“FAC”) with prejudice and to strike plaintiffs’ class action allegations. Plaintiffs Chad Brazil (“Brazil”) and Steven Seick (“Seick”) oppose Dell’s motion. For the reasons below, the court finds that Texas law applies to the plaintiffs’ claims and grants Dell’s motion to dismiss plaintiffs’ statutory causes of action. The court also grants Dell’s motion to strike plaintiffs’ class allegations as set forth below. The court will grant plaintiffs 20 days to amend their complaint to state claims under Texas law and to amend their class allegations to address the concerns noted in this order.
I. BACKGROUND
Dell directly markets its computer products to consumers and businesses in California and throughout the nation via various media, including Internet web sites, email campaigns, newspaper and magazine advertising, television, direct mail and company-owned retail stores. FAC ¶ 13. On June 15, 2006, Seick purchased directly from Dell through its online purchasing process a Dell…