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Portable Solar, LLC v. Lion Energy, LLC
United States District Court, District of Utah
Aug 8, 2022
2:22-CV-00026-DAK (D. Utah Aug. 8, 2022)Copy Citation
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2:22-CV-00026-DAK
08-08-2022
PORTABLE SOLAR, LLC dba SOL-ARK, a Texas limited liability company, Plaintiff, v. LION ENERGY, LLC, a Utah limited liability company, Defendant.
DALE A. KIMBALL UNITED STATES DISTRICT JUDGE
MEMORANDUM DECISION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO JOIN AN INDISPENSABLE PARTY OR, IN THE ALTERNATIVE, TO JOIN A NECESSARY PARTY
DALE A. KIMBALL UNITED STATES DISTRICT JUDGE
This matter is before the court on Defendant Lion Energy, LLC's (“Defendant”) motion to dismiss, pursuant to
Fed.R.Civ.P. 12(b)(7), (19), Plaintiff Portable Solar, LLC dba Sol-Ark's (“Plaintiff”) case for failure to join an indispensable party or, in the alternative, to join a necessary party. The court held a hearing on the motion on July 21, 2022. At the hearing, Defendant was represented by Matthew M. Boley. Plaintiff was represented by Christopher M. Von Maack and Christopher E. Thorsen. The court has carefully considered the materials submitted by the parties, the arguments made by counsel at the hearing, and the law and facts relating to this matter. Now being fully advised, the court renders the following Memorandum Decision and Order.
BACKGROUND
Plaintiff filed its Complaint in this case on January 10, 2022. In the Complaint, Plaintiff asserts that it develops, markets, and sells solar battery technology, including storage string inverter products, which connect to a series or ‘string' of solar panels and convert the power from Direct Current (DC) into Alternate Current (AC) electricity, and that it markets and sells its products across the United States, including in Utah County, Utah.
Plaintiff also asserts that, in or about 2018, it entered into a Non-Compete Agreement with NingBo Deye Inverter Technology Co. Ltd. (“Deye”), and that, pursuant thereto, Plaintiff had exclusive rights in the United States and Canada (the “Territory”) to market and sell Deye's storage string inverter products and technology (collectively, the “Technology”). Defendant submits that the NonCompete Agreement was merged, through a comprehensive integration clause, into Plaintiff and Deye's later Distribution Agreement regarding the Technology. (agreements collectively, the “Agreements”).