Rapid Models & Prototypes, Inc. v. Innovated Solutions

71 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 177645, 2014 WL 7384186
CourtDistrict Court, D. New Jersey
DecidedDecember 29, 2014
DocketCivil No. 14-277 (NLH/KMW)
StatusPublished
Cited by27 cases

This text of 71 F. Supp. 3d 492 (Rapid Models & Prototypes, Inc. v. Innovated Solutions) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rapid Models & Prototypes, Inc. v. Innovated Solutions, 71 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 177645, 2014 WL 7384186 (D.N.J. 2014).

Opinion

OPINION

HILLMAN, District Judge.

This matter- comes before the Court upon motion [Doc. No. 24] of Defendant 3D Systems Corporation (hereafter, “3D Systems”), and by separate motion [Doc. No. 25] of Defendant Innovated Solutions, LLC1 for dismissal of the amended eom-[495]*495plaint under Federal Rule of Civil Procedure 12(b)(6). The Court has considered the submissions of the parties and decides this matter pursuant to Federal Rule of Civil Procedure 78.

For the reasons that follow, Defendant 3D Systems’ motion to dismiss is granted. Defendant Innovated Solutions’ motion is granted in part and denied in part.

1. JURISDICTION

The Court exercises subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332, as the complaint seeks damages in excess of $75,000 and the controversy is between citizens of different states.

II. BACKGROUND

On August 2, 2013, Plaintiffs, Rapid Models & Prototypes, Inc. (hereafter, “RMP”), Joseph Pizzo and Angela Pizzo, filed a civil action in the Superior Court of New Jersey, Law Division, Camden County. Defendant 3D Systems removed the action to this Court based upon diversity of citizenship. (Not. of Removal ¶ 2 [Doc. No. 1].) Defendants 3D Solutions and Innovated Solutions thereafter filed motions to dismiss the complaint. In response, Plaintiffs filed an amended complaint [Doc. No. 22], thereby mooting the motions to dismiss. Defendants contend that Plaintiffs’ amendments did not cure the deficiencies identified in their first motion to dismiss, and consequently they filed the motions to dismiss presently before the Court.

According to the allegations in the amended complaint, 3D Systems manufactures a three-dimensional printer, called the Projet SD 3000 3D Printer with Projet Accelerator Software and Projet Finisher (hereafter, the “machine”), which is purportedly capable of “taking formless raw materials and molding them into specific mass-produced items which could then be sold as finished products or utilized in the creation of other products or materials.” (Am. Compl. ¶¶ 8, 9.) In or about May of 2011, Plaintiff RMP entered into an equipment lease for the machine with U.S. Ban-corp Manifest Funding Services (hereafter, “Bancorp”). (Id. ¶ 8.) The lease provided that the machine and related materials were to be supplied by Defendant Innovated Solutions. (Id.)

Pursuant to the lease, Plaintiff RMP was obligated to make sixty monthly payments of $1350.44, plus taxes, and at the end of the lease term was entitled to purchase the machine for a nominal sum. (Id.)2 Plaintiffs contend that the lease agreement was “merely a financing vehicle” and was “in reality, a sales contract pursuant to which defendant Innovat[ed] agreed to transfer the machine from defendant Innovated] to plaintiff RMP[.]” (Id.) Innovated Solutions is allegedly an “officially authorized reselling agent” for 3D Systems. (Id. ¶ 9.)

Plaintiffs allege that Innovated Solutions was aware that RMP intended to use the machine to perform specific tasks that were critical to RMP’s business, and that a properly functioning machine was an essential component of the operation of RMP’s business. (Id. ¶ 10.) Plaintiffs also allege that 3D Systems knew or should have known when manufacturing the machine that it would be put to a specific use in the manner intended by RMP. (Id.) Further, Plaintiffs allege that the machine [496]*496was sold subject to certain warranties by the defendants, including an express warranty by 3D Systems. {Id. ¶ 11.)

Plaintiffs aver that RMP discovered “[a]lmost immediately” after acquiring the machine that it was defective in that it did not perform the functions it was designed to perform and for which it had allegedly been acquired. {Id. ¶ 14.) Plaintiffs specifically state that the machine and its parts were “substandard,” and the defects included malfunctioning electronic chips, rejected cartridges, a defective solenoid lock mechanism, and unreliable circuitry. {Id.) These alleged malfunctions and inadequacies caused product defects and customer complaints, which purportedly resulted in delay, lost production time, costly replacement, a repeated inability to meet delivery schedules and, ultimately, a loss of RMP’s customers. {Id.) Although Plaintiffs allegedly notified Innovated Solutions of the ineffectiveness of the machine and requested immediate repairs and adjustments, neither Innovated Solutions nor 3D Systems could rectify the defects so that the machine could be put to effective use. {Id. ¶ 15.) Plaintiffs assert that as a result of RMP’s inability to utilize the machine, RMP has lost present and existing customers, as well as future business prospects. {Id. ¶ 16.)

Plaintiffs thus instituted the present civil action in which they assert a number of claims against each of the defendants. Plaintiffs assert a claim for breach of contract against Innovated Solutions only (Count I). Further, Plaintiffs assert against both defendants claims for breach of the implied warranty of merchantability (Counts II and V), breach of the implied warranty of fitness (Counts III and VI), breach of the implied warranty of fitness for a particular purpose (Counts IV and VII), breach of express warranty (Count VIII), fraud (Count IX), negligent misrepresentation (Count X), and violation of the New Jersey Consumer Fraud Act (Count XI).

Defendants seek dismissal of the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6): Defendants also seek dismissal of the claims for fraud, negligent misrepresentation and violation of the New Jersey Consumer Fraud Act for failure to meet the heightened specificity requirement under Federal Rule of Civil Procedure 9(b).

III. STANDARD FOR MOTIONS TO DISMISS

In considering whether Plaintiffs’ amended complaint fails to state a claim, the Court must accept all well-pleaded allegations in the complaint as true and view them in the light most favorable to the plaintiff. Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir.2005); see also Phillips v. Cnty. of Allegheny, 515 F.3d 224, 228 (3d Cir.2008) (“[I]n deciding a motion under Fed.R.Civ.P. 12(b)(6), [a district court is] ... required to accept as true all factual allegations in the complaint and draw all inferences from the facts alleged in the light most favorable to” the plaintiff). A • pleading is sufficient if it contains “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R.Civ.P. 8(a)(2).

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71 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 177645, 2014 WL 7384186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapid-models-prototypes-inc-v-innovated-solutions-njd-2014.