Ponzio v. Mercedes-Benz USA, LLC

Ponzio v. Mercedes-Benz USA, LLC

Opinion

 [*208]  This matter comes before the Court on Motions to Dismiss Plaintiffs' Complaint by Defendant Mercedes-Benz USA, LLC ("MBUSA") [Dkt. No. 22], and Defendant Daimler AG ("Daimler") [Dkt. No. 37] (collectively "Defendants"), pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), and 12(b)(6). The Court has considered the parties' written submissions and the arguments advanced orally at the hearing held on September 17, 2019. For the reasons stated below, as well as those stated on the record that day, the Court will grant in part and deny in part [**2]  Defendants' Motions to Dismiss [Dkt. Nos. 22, 37].

Table of Contents

I. Background

II. Motion to Dismiss for Lack of Personal Jurisdiction

A. Standard of Review under Fed. R. Civ. Pro. 12(b)(2)

B. Personal Jurisdiction Analysis

1. General Jurisdiction

2. Specific Jurisdiction

III. Motion to Transfer the Case to the Northern District of Georgia

A. Transfer Standard

B. Transfer Analysis

1. Private Factors

a. Plaintiffs' Choice of Forum & Where the Claim Arose

b. Defendants' Choice of Forum & Convenience of the Parties

c. Ease of Access to Sources of Proof & Convenience of the Witnesses

2. Public Interest Factors

3. Related Litigation

IV. Motion to Dismiss Certain Claims for Lack of Standing

A. Standing under Fed. R. Civ. Pro. 12(b)(1)

B. Standing Analysis

V. Motion to Dismiss for Failure to State a Claim

A. Failure to State a Claim under Fed. R. Civ. Pro. 12(b)(6)

B. Plaintiffs' Fraud Based Claims

1. Rule (9)(b) Pleading

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