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Orange Transp. Servs. Inc. v. Volvo Grp. N. Am. LLC

Trucking Firm May Sue Over 8 Trucks it Did Buy But Diversity Jurisdiction Not Established

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DECISION AND ORDER INTRODUCTION   Plaintiff Orange Transportation Services, Inc. brought this action against Defendant Volvo Group North America, LLC for breach of warranty, fraud, breach of the duty of good faith and fair dealing, and violation of New York law. ECF No. 1. Now before the court is Volvo’s motion to dismiss Orange Transportation’s Complaint pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1), and 12(b)(6). ECF No. 7; ECF No. 7-3 at 1. Volvo’s motion to dismiss Orange Transportation’s Complaint, ECF No. 7, is GRANTED IN PART and the remainder is held in abeyance. Orange Transportation is ORDERED TO SHOW CAUSE as to why the Court should not dismiss the remainder of its Complaint sua sponte for lack of subject matter jurisdiction. RELEVANT FACTS Orange Transportation claims diversity jurisdiction under 28 U.S.C. §1332. ECF No. 1 8. Orange Transportation hauls freight long distances and is a South Carolina corporation with its principal place of business in New York. See id

9, 34. Orange Transportation alleges, “[u]pon information and belief,” that Volvo is a Delaware corporation with its principal place of business in North Carolina. Id. 10; see also id. 15 (alleging Volvo is a Delaware corporation registered to do business in New York). Volvo manufactures, markets, and sells “Class 8″ trucks (“semi-trucks”) in the United States. Id.

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