T & M Solar & Air Conditioning, Inc. v. Lennox International Inc.

ORDER RE: MOTIONS TO DISMISS

Re: Dkt. Nos. 25,

Plaintiffs T & M Solar and Air Conditioning Inc. (“T & M”), Jeremy and Sa *861 brina Newberry (“the Newberrys”), and Andrew and Maitho Hayzel Chan (“the Chans,” and collectively, “Plaintiffs”) seek to recover damages from Defendant Len-nox International (“Defendant”) in connection with Plaintiffs’ purchase of solar panels from Defendant. 1 Specifically, Plaintiffs allege that they purchased Defendant’s solar panels because they were marketed to work through air conditioning systems, rather than through electrical panels, but they were unable to install the solar panels through their air conditioning systems as promised. In the four-count First Amended Complaint (“FAC”), Plaintiffs contend that Defendant’s conduct constitutes breach of contract between T & M and Defendant, and breach of implied contract, breach of warranties, and fraud as to all Plaintiffs. (Dkt. No. 16 ¶¶ 30-67.)

Now pending before the Court are Defendant’s two motions to dismiss. Defendant contends that T & M’s claims must be dismissed or transferred due to improper venue, and that all of Plaintiffs’ causes of action — save T & M’s breach of contract claim —…