NorthStar Systems LLC v. Volkswagen AG, No. 2:22-cv-00486 (E.D. Tex. Sept. 5, 2023)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendant Bayerische Motoren Werke AG’ s (“BMW”) Motion to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(7) (the “Motion”). (Dkt. No. 26.) Plaintiff NorthStar Systems LLC (“NothStar”) opposes the Motion. (See Dkt. No. 43.) For the following reasons, the Court finds that the Motion should be GRANTED under 12(b)(6), and DENIED under 12(b)(7), and further ORDERS and that NorthStar be given leave to amend its complaint. II. BACKGROUND NorthStar filed suit against BMW on December 2 7, 2022. ( 2:22-cv-496, Dkt. No.