Espiricueta v. Todd Investment Company et al
| Rueben Espiricueta |
| Dollar Thrifty Automotive Group, Inc., Hertz Corporation, DTG Operations, Inc., Hertz Global Holdings, Inc., Todd Investment Company and Todd Investment Company doing business as Dollar Rent a Car |
| 3:2018cv01593 |
| August 30, 2018 |
| U.S. District Court for the District of Oregon |
| Michael H Simon |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1346 Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 18 Clerk's Notice of Mailing regarding Order #16 and Judgment #17 mailed to Plaintiff 11/2/2018. (mja) |
| Filing 17 Judgment. Signed on 11/2/2018 by Judge Michael H. Simon. (mja) |
Filing 16
ORDER - Plaintiff fails to meet his burden of demonstrating that the adverse parties in this case satisfy the jurisdictional requirement of complete diversity for subject matter jurisdiction pursuant to 28 U.S.C. 1332. Plaintiff has not alleged any alternative basis for subject matter jurisdiction. Defendants' motion to dismiss for lack of subject matter jurisdiction (ECF #7 ) is GRANTED. All other pending motions are DENIED AS MOOT. This case is dismissed without leave to amend, but without prejudice to Plaintiff to bring his claims in state court. Signed on 11/2/2018 by Judge Michael H. Simon. (mja)
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| Filing 15 Reply In Support of to Motion to Dismiss for Lack of Jurisdiction #7 . Filed by All Defendants. (Turpen, Kjersten) |
| Filing 14 Declaration of Brian Kernan ISO Def Resp. Filed by All Defendants. (Related document(s): Response to Motion #13 .) (Turpen, Kjersten) |
| Filing 13 Response to Motion for Leave to File Amended Complaint/Petition #10 . Filed by All Defendants. (Turpen, Kjersten) |
| Filing 12 Response to Motion to Dismiss for Lack of Jurisdiction #7 . Filed by Rueben Espiricueta. (joha) |
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Filing 11
Order: Defendants move to dismiss this case ECF #7 on the grounds of lack of subject matter jurisdiction because not all Defendants are diverse. In the alternative, Defendants move for a more definite statement as to Plaintiff's claims for fraud, breach of contract, and negligence, and move to dismiss for failure to state a claim Plaintiff's claims for intentional and negligent infliction of emotional distress. In response, Plaintiff filed a motion for leave to file an amended complaint ECF #10 . Plaintiff notes that his proposed amended complaint alleged more facts and details, and thus purportedly cures the deficiencies raised by Defendants' motion and purportedly "moots" Defendants' motion to dismiss. Plaintiff did not, however, respond to Defendants' motion to dismiss for lack of jurisdiction based on the lack of total diversity due to Defendant Todd Investment Company dba Dollar Rent a Car's purported Oregon citizenship. In his proposed amended complaint, Plaintiff alleges that this defendant is a citizen of Washington or Florida. The Court does not, however, have to accept the alleged citizenship of a corporate entity as true. See, e.g., Terenkian v. Republic of Iraq, 694 F.3d 1122, 1131 (9th Cir. 2012) (noting that a defendant may factually challenge the sufficiency of jurisdictional allegations in a complaint and with such a challenge the district court does not presume the truthfulness of the plaintiffs allegations and may consider evidence extrinsic to the complaint). According to the records of the Oregon Secretary of State, Todd Investment Company's principal place of business is in Portland, Oregon. ECF #8 . For the purposes of diversity jurisdiction, a corporation is a citizen of any state where it is incorporated and of the state where it has its principal place of business. 28 U.S.C. 1332(c); see also Indus. Tectonics, Inc. v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990). Thus, before the Court will consider allowing Plaintiff to amend the factual allegations in his complaint supporting the merits of his claims, the Court will first resolve the jurisdictional challenge to Plaintiff's complaint. Plaintiff's motion to amend his complaint does not moot this aspect of Defendants' motion. Accordingly, the Court defers ruling on Plaintiff's motion to amend his complaint until after the Court decides Defendants' motion to dismiss for lack of subject matter jurisdiction. Plaintiff may respond to this aspect of Defendants' motion on or before October 26, 2018. Ordered by Judge Michael H. Simon. A copy of this order is mailed to Plaintiff Espiricueta on this date. (cw)
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| Filing 10 Motion for Leave to File Amended Complaint. Filed by Rueben Espiricueta. (Attachments: #1 Proposed Document) (joha) |
| Filing 9 Corporate Disclosure Statement . Filed by All Defendants. (Turpen, Kjersten) |
| Filing 8 Declaration of Brian J. Kernan iso Motion to Dismiss. Filed by All Defendants. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #7 .) (Attachments: #1 Exhibit SOS Website) (Turpen, Kjersten) |
| Filing 7 Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Turpen, Kjersten) |
| Filing 6 Proof of Service. Filed by Rueben Espiricueta. (joha) |
| Filing 5 Proof of Service. Filed by Rueben Espiricueta. (joha) |
| Filing 4 Summons Issued as to DTG Operations, Inc., Dollar Thrifty Automotive Group, Inc., Hertz Corporation, Hertz Global Holdings, Inc., Todd Investment Company. (sss) |
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Filing 3
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/27/2018. Joint Alternate Dispute Resolution Report is due by 1/28/2019. Pretrial Order is due by 1/28/2019. Ordered by Judge Michael H. Simon. (Mailed to Plaintiff this date.) (sss)
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| Filing 2 Motion for Temporary Restraining Order/Preliminary Injunction and Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by Rueben Espiricueta. (sss) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Receipt No. 79634. Jury Trial Requested: Yes. Filed by Rueben Espiricueta against All Defendants (Attachments: #1 Civil Cover Sheet). (sss) |
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