ThunderWave, Inc. v. Carnival Corp.

MEMORANDUM OPINION

MORENO, District Judge.

Defendant Carnival Corporation (“Carnival”) circulated a Request for Proposal to forty-two vendors inviting contract proposals for a Turnkey Shipboard In-Cabin Interactive/Multimedia System (“SUMS”). Plaintiff ThunderWave, Inc. (“ThunderWave”) responded to the Request, and claims that its proposal was ultimately accepted by Carnival. ThunderWave also contends that Carnival requested that ThunderWave perform certain Design Review services which fell outside of the contract proposal, with Carnival agreeing to pay on a “time, materials, and out-of-pocket…