Premier Dealer Services, Inc. v. Southern States Imports, Inc. et al

Filing 32

ORDER: Creditor's Captive Formation Corp.'s motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) [D.E. 16] is DENIED. As for Creditor's Captive Formation Corp.'s motion to dismiss for lack of personal jurisdiction unde r Federal Rule of Civil Procedure 12(b)(2), the motion [D.E. 16] is DENIED without prejudice. Instead, plaintiff's motion for jurisdictional discovery [D.E. 21] is GRANTED. Counsel should read order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 12/7/2015. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-235-D

PREMIER DEALER SERVICES, INC.,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
SOUTHERN STATES IMPORTS, INC.,
)
CREDITOR'S CAPTIVE FORMATION
)
CORP., and JOHN DOES 1 THROUGH 10, )
)
Defendants.
)

The court has subject-matterjurisdiction pursuant to 28 U.S.C. § 1331 over plaintiff's federal
claims and supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) over plaintiff's state-law
claims. See Compl. [D.E. 1]

~~

33, 35. Thus, Creditor's Captive Formation Corp.'s motion to

dismiss under Federal Rule of Civil Procedure 12(b)(1) [D.E. 16] is DENIED.
As for Creditor's Captive Formation Corp.'s motion to dismiss for lack of personal
jurisdiction under Federal Rule of Civil Procedure 12(b)(2), the motion [D.E. 16] is DENIED
without prejudice. Instead, plaintiff's motion for jurisdictional discovery [D.E. 21] is GRANTED.
Following jurisdictional discovery, Creditor's Captive Formation Corp. may file another motion
to dismiss for lack of personal jurisdiction if such a motion comports with Rule 11.
SO ORDERED. This _2_ day of December 2015.