Dmo Norwood LLC v. Kia Am.

Full title: DMO NORWOOD LLC d/b/a Dan O’Brien Kia Norwood, Plaintiff, v. KIA AMERICA‚Ķ

Court: United States District Court, D. Massachusetts

Civil Action 22-cv-10470-ADB

Date published: Feb 15, 2023

Fact:

  • DMO Norwood operated as an authorized Kia Dealer under a Dealer Agreement with Kia.
  • Kia terminated DMO Norwood’s Dealer Agreement in January 2022 following an audit of DMO Norwood’s sales records.
  • DMO Norwood alleges that the termination was pretextual and retaliatory for its decision to stop contributing funds to a marketing program run by Kia.
  • Kia alleges that DMO Norwood engaged in fraudulent reporting of sales and attempted to cover up their activities.
  • Kia seeks to add counterclaims against DMO Norwood, including RICO violations, fraud, negligent misrepresentation, conversion, civil conspiracy, and breach of contract.

Issue:

  • Whether Kia should be allowed to amend its Answer to add counterclaims against DMO Norwood.

CONCLUSION:

Accordingly, for the reasons set forth above, Kia’s Motion to Amend, [ECF No. 52], is GRANTED as to Kia’s proposed Counterclaim Seven against DMO Norwood, and is DENIED  as to proposed Counterclaims One, Two, Three, Four, Five, and Six and Proposed Counterclaim

Defendants Dan O’Brien, DMO Concord, and DMO North Hampton.

SO ORDERED.

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