Fanelle v. LoJack Corp.

MEMORANDUM

LOWELL A. REED, Jr., Senior District Judge.

Defendant Lojack Corporation has filed a motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). Upon consideration of defendant’s motion (Document No. 2), plaintiffs’ response (Document No. 6), and the evidence submitted therewith, the motion will be granted in part and denied in part.

I. BACKGROUND

On Friday, July 18, 1997, a blue Lexus automobile was reported stolen in West Philadelphia. Unbeknownst to the thieves, the car was equipped with a tracking device…