Enron Wind Energy Systems, LLC v. Marathon Electric Manufacturing Corp. (In Re Enron Corp.)

OPINION GRANTING IN PART, DENYING IN PART MOTION TO DISMISS CERTAIN CLAIMS IN FIRST AMENDED COMPLAINT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

I. INTRODUCTION

This litigation arises from the purchase by Enron Wind Energy Systems, LLC, Enron Wind Constructors, LLC, and Zond Minnesota Construction Company, LLC (collectively, “Enron Wind” or the “Plaintiffs”) of generators from Defendant Marathon Electric Manufacturing Corporation (“Marathon” or the “Defendant”) beginning in or around April 1997. Due to the alleged failure of each generator, the parties entered into a Warranty Agreement. Later,…