Regulus Global Services Mexico SA de CV et al. v. SpektreWorks Incorporated

CourtDistrict Court, D. Arizona
DecidedMarch 26, 2026
Docket2:25-cv-01045
StatusUnknown

This text of Regulus Global Services Mexico SA de CV et al. v. SpektreWorks Incorporated (Regulus Global Services Mexico SA de CV et al. v. SpektreWorks Incorporated) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Regulus Global Services Mexico SA de CV et al. v. SpektreWorks Incorporated, (D. Ariz. 2026).

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Regulus Global Services Mexico SA de CV, No. CV-25-01045-PHX-GMS et al., 10 ORDER Plaintiffs, 11 v. 12 SpektreWorks Incorporated, 13 Defendant. 14 15 16 Pending before the Court is Defendant SpektreWorks, Inc.’s Partial Motion to 17 Dismiss (Doc. 23) Plaintiffs’ Complaint (Doc. 1) for failure to state a claim. For the reasons 18 discussed below, Defendant’s motion is denied.1 19 BACKGROUND2 20 Plaintiffs Regulus Global LLC—a Virginia limited liability company—and Regulus 21 Global Services Mexico SA de CV—a foreign company headquartered in Mexico— 22 operate together as “Regulus,” “a defense and security contractor with a core business that 23 involves supplying defense articles and weapons systems to the United States and its 24 allies.” (Doc. 1 at 2-3). Both entities are registered as foreign companies in Arizona. (Id. 25

26 1 Because the Court finds that the pending motion can be resolved without oral argument, the parties’ requests (Doc. 27 at 1; Doc. 28 at 1) are denied. LRCiv 7.2(f). 27 2 This summary of the underlying facts accepts as true any non-conclusory factual allegations made by Plaintiffs in the Complaint, with all inferences construed in the light 28 most favorable to Plaintiffs. Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). 1 at 3). Defendant SpektreWorks—an Arizona corporation with its principal place of 2 business in Arizona—“designs and manufactures” drones. (Id. at 2-3). 3 In 2021, Regulus and Defendant jointly pursued a contract opportunity (the “Joint 4 Bid”) to provide custom drones to the Mexican Air Force, as managed by the Mexican 5 Secretariat of National Defense (“SEDENA”). (Id. at 2-4). Per the parties’ agreement, 6 Defendant would design the drone—informed by “specifications and parameters” as 7 identified through Regulus’s communications with SEDENA—while Regulus would 8 provide “informational, logistical, and financial contributions,” including funding Mexican 9 officials’ trips to the U.S. to “evaluate prototypes, conduct testing, and provide design 10 feedback.” (Id. at 2, 5-6). The parties further agreed that if their Joint Bid were successful, 11 “they would evenly split any revenue generated.” (Id. at 2-4). Moreover, the parties 12 intended that “their jointly-developed customized drone solution would provide the 13 template for future Mexican government procurements of . . . these same drones.” (Id. at 14 10). 15 Regulus performed its obligations under the agreement, expending “hundreds if not 16 thousands of man hours[] and substantial corporate resources”—including gathering 17 “market intelligence” and performing “technical analysis”—over the course of a “multi- 18 year effort” in preparation to submit the Joint Bid. (Id. at 5, 7). The Joint Bid presented 19 “a customized solution, not publicly available to other potential competitors and drone 20 manufacturers,” with Regulus “as the exclusive representative authorized to offer 21 [Defendant’s] drone products within Mexico.” (Id. at 6-7). 22 By April 1, 2023, the Joint Bid was ready for submission to SEDENA. (Id. at 8). 23 That week, Regulus reached out to SEDENA about its upcoming submission, but learned 24 that Defendant’s “customized drone offering” had already been submitted with another 25 company, Aviatek—which had no prior involvement with the Joint Bid—taking Regulus’s 26 place (the “Aviatek Bid”). (Id. at 8-9). The Aviatek Bid appropriated “a number of 27 Regulus[’s] trade secrets and proprietary information” from the preparation of the Joint 28 Bid, and “was functionally identical.” (Id. at 9). Indeed, the Aviatek Bid reflected 1 Regulus’s substantial contributions to the Joint Bid, including its “information, market 2 intelligence, customer relationships, technical analysis, and program support.” (Id. at 9- 3 10). 4 Further, because “Mexican procurement principles . . . disfavor or prohibit 5 submission of the same product solution by multiple different corporate bidders,” the 6 Aviatek Bid’s submission prevented Regulus from moving forward with the Joint Bid. 7 (Id.). If Regulus had submitted the Joint Bid, both the Joint Bid and the Aviatek Bid may 8 have been disqualified. (Id.). By the end of the month, Defendant, through the Aviatek 9 Bid, had won the SEDENA Drone Contract. (Id.) 10 Regulus filed this lawsuit on March 28, 2025, alleging (I) Misappropriation of Trade 11 Secrets, A.R.S. § 44-401 et seq.; (II) Breach of Contract; (III) Breach of the Implied 12 Covenant of Good Faith and Fair Dealing; (IV) Unjust Enrichment; and (V) Tortious 13 Interference with Prospective Business Relations. (Id. at 10-15). Only Count V (id. at 14- 14 15) is at issue here. (Doc. 23 at 2). Among other things, Regulus alleges that “SEDENA 15 would have awarded the drone contract to” the Joint Bid if Regulus had been able to submit 16 it” and that the Aviatek Bid would not have won the contract without the benefit of 17 Regulus’s work. (Doc. 1 at 9-10). It further alleges that it is entitled to $2,500,000—its 18 half of the $5,000,000 SEDENA contract—and half of any revenue generated by “future 19 Mexican government procurements of” Defendant’s drones. (Id.). 20 DISCUSSION 21 I. Legal Standard: Failure to State a Claim 22 Under Rule 12(b)(6), a party may move to dismiss a claim for relief by asserting 23 “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). “To 24 survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted 25 as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 26 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A 27 claim has facial plausibility when the plaintiff pleads factual content that allows the court 28 to draw the reasonable inference that the defendant is liable for the misconduct alleged.” 1 Id. “The plausibility standard . . . asks for more than a sheer possibility that a defendant 2 has acted unlawfully.” Id. 3 Indeed, the “[f]actual allegations must be enough to raise a right to relief above the 4 speculative level.” Twombly, 550 U.S. at 555. In reviewing the complaint, the Court will 5 “accept factual allegations in the complaint as true and construe the pleadings in the light 6 most favorable to the nonmoving party.” Manzarek v. St. Paul Fire & Marine Ins. Co., 7 519 F.3d 1025, 1031 (9th Cir. 2008). The Court will not, however, accept as true 8 unreasonable inferences or conclusory legal allegations cast in the form of factual 9 allegations. W. Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). 10 II. Application 11 Under Arizona law, to state a claim for tortious interference with a business 12 expectancy, a plaintiff must plead (1) that a valid business expectancy exists; (2) that the 13 defendant had knowledge of the expectancy; (3) that the defendant improperly and 14 intentionally interfered with the expectancy by “inducing or causing a breach or 15 termination”; and (4) that it was damaged by the disruption to its expectancy. Wolf Designs 16 LLC v. Five 18 Designs LLC, 635 F. Supp. 3d 787, 799 (D. Ariz. 2022); Antwerp Diamond 17 Exch. of Am., Inc. v. Better Bus. Bureau of Maricopa Cnty., Inc., 637 P.2d 733, 739-40, 130 18 Ariz. 523, 529-30 (1981).

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Regulus Global Services Mexico SA de CV et al. v. SpektreWorks Incorporated, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regulus-global-services-mexico-sa-de-cv-et-al-v-spektreworks-incorporated-azd-2026.