Jakubiak v. QuantumScape Corporation et al

Filing 58

ORDER granting (54) Motion to Dismiss in case 1:20-cv-10842-LGS. ORDERED that QuantumScape's motion is GRANTED. Plaintiffs' negligent misrepresentation claims are DISMISSED in the BJI and Assante Actions. It is further ORDERED that Pla intiff Jakubiak and Plaintiffs shall file a consolidated complaint by January 21, 2022. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 54.. (Signed by Judge Lorna G. Schofield on 1/14/2022) Filed In Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS (ks)

Case 1:20-cv-10842-LGS Document 58 Filed 01/14/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JEFFREY JAKUBIAK,
:
:
Plaintiff,
:
:
-against:
QUANTUMSCAPE CORPORATION,
:
:
Defendant.
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:
BJI FINANCIAL GROUP INC., et al.,
:
Plaintiffs,
:
:
-against:
:
QUANTUMSCAPE CORPORATION,
:
Defendant.
:
-------------------------------------------------------------X
:
:
MICHAEL ASSANTE, et al.,
:
Plaintiffs,
:
-against:
:
:
QUANTUMSCAPE CORPORATION ,
:
Defendant.
-------------------------------------------------------------X

20 Civ. 10842

21 Civ. 8755

21 Civ. 9565
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, the above-captioned cases were consolidated on December 13, 2021. In
November 2021, Plaintiff Jakubiak’s negligent misrepresentation claim was dismissed from
Jakubiak v. QuantumScape Corporation, No. 20 Civ. 10842 (the “Jakubiak Action”). The
plaintiffs in (i) BJI Financial Group Inc. et al. v. QuantumScape Corporation, No. 21 Civ. 8755
(the “BJI Action”), and (ii) Michael Assante et al. v. QuantumScape Corporation, No. 21 Civ.
9565 (the “Assante Action”), brought their own negligent misrepresentation claims;
WHEREAS, on December 28, 2021, Defendant QuantumScape Corporation moved to

Case 1:20-cv-10842-LGS Document 58 Filed 01/14/22 Page 2 of 3

dismiss the negligent misrepresentation counts in the Amended Complaint filed in the BJI
Action, Dkt. No. 16, and (ii) the Complaint filed in the Assante Action, Dkt. No. 3;
WHEREAS, QuantumScape incorporated its briefing and arguments previously
submitted on the negligent misrepresentation count in the Jakubiak Action;
WHEREAS, on January 7, 2022, Plaintiffs BJI Financial Group Inc., Brian Walsh,
Michael Assante, John Wilschke, and Headwaters Holdings (“Plaintiffs”) filed a response in
opposition to QuantumScape’s motion to dismiss. Plaintiffs incorporated the briefing and
arguments submitted by the plaintiff in the Jakubiak Action;
WHEREAS, on January 12, 2022, QuantumScape filed a response in support of its
motion to dismiss;
WHEREAS, the only difference between the Jakubiak Action and the BJI and Assante
Actions is the residency of the plaintiffs in each action. Plaintiff Jakubiak was a resident of
Florida and took all actions related to the dispute in Florida, and Plaintiffs are residents of either
New Jersey or California and took all actions related to this dispute in those states;
WHEREAS, for the same reason that New York law applies to the negligent
misrepresentation claim in the Jakubiak Action, it applies to the negligent misrepresentation
claim in the BJI and Assante Actions. See Jakubiak v. QuantumScape Corp., No. 20 Civ. 10842,
2021 WL 5331722, at *5-6 (S.D.N.Y. Nov. 16, 2021) (holding that New York law governs the
negligent misrepresentation claim because New York has the greatest interest in the litigation);
WHEREAS, as in the Jakubiak Action, the Plaintiffs do not allege a special relationship
between themselves and QuantumScape, as required under New York law for negligent
misrepresentation claims. See Jakubiak, 2021 WL 5531722, at *6 (discussing the special
relationship requirement of New York law negligent misrepresentation claims). It is hereby

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Case 1:20-cv-10842-LGS Document 58 Filed 01/14/22 Page 3 of 3

ORDERED that QuantumScape’s motion is GRANTED. Plaintiffs’ negligent
misrepresentation claims are DISMISSED in the BJI and Assante Actions. It is further
ORDERED that Plaintiff Jakubiak and Plaintiffs shall file a consolidated complaint by
January 21, 2022.
The Clerk of Court is respectfully directed to close the motion at Dkt. No. 54.
Dated: January 14, 2022
New York, New York

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