Chrysler Group LLC v. Fox Hills Motor Sales, Incorporated, et al

Filing 316

ORDER denying 217 Motion to Dismiss; denying 217 Motion to Transfer Case. Signed by District Judge Sean F. Cox. (JHer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Chrysler Group LLC,
Plaintiff,
v.

Case No. 10-12984

South Holland Dodge, Inc., et al.,

Honorable Sean F. Cox

Defendants;
Consolidated with
Livonia Chrysler Jeep, Inc., a Michigan
for profit corporation,
Plaintiff,
v.

Case No. 10-13290

Chrysler Group, LLC, et al.,

Honorable Sean F. Cox

Defendants;
Consolidated with
Chrysler Group LLC,
Plaintiff,
v.

Case No. 10-13908

Sowell Automotive, Inc., et al.,

Honorable Sean F. Cox

Defendants.
____________________________________/
ORDER DENYING
DEFENDANT SOWELL AUTOMOTIVE, INC.’S SECOND
MOTION TO DISMISS AND/OR TRANSFER VENUE (DOCKET ENTRY NO. 217)
Earlier in this case, on December 27, 2010, Defendant Sowell Automotive, Inc.
1

(“Sowell”), filed a motion asking this Court to dismiss all claims against it for lack of personal
jurisdiction and/or improper venue or, alternatively, to transfer venue to a district court in
California. (Docket Entry No. 111).
On May 10, 2011, this Court issued a 33-page Opinion & Order that addressed Sowell’s
December 27, 2010 Motion to Dismiss and/or Transfer Venue, along with similar motions filed
by other Defendants in this action. (Docket Entry No. 195). This Court denied Sowell’s motion
in its entirety and set forth its reasons for doing so in that Opinion & Order. Sowell did not seek
reconsideration of the Opinion & Order.
On May 19, 2011, Chrysler Group LLC filed a Second Amended Complaint for
Declaratory Relief (Docket Entry No. 197), in order to add three additional dealers as parties,
pursuant to this May 10, 2011 Opinion & Order. (See 5/10/11 Opinion & Order at 29-32).
On June 3, 2011, Sowell filed a second motion asking this Court to dismiss all claims
against it for lack of personal jurisdiction and/or improper venue or, alternatively, to transfer
venue. (Docket Entry No. 217). The parties have briefed the issues and the Court finds that oral
argument is unnecessary. The Court therefore orders that the motion will be decided upon the
briefs.
For the reasons set forth in this Court’s May 10, 2011 Opinion & Order, IT IS
ORDERED that Sowell’s Motion (Docket Entry No. 217) is DENIED.

S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 2, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record on

2

August 2, 2011, by electronic and/or ordinary mail.
S/Jennifer Hernandez
Case Manager

3