Falco v. Nissan North America Inc.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS UNDER RULES 12(B)(5) AND (4)(c)

DEAN D. PREGERSON, District Judge.

Presently before the court is Defendant Nissan Motor Co., Ltd’s (“Nissan-Japan”) Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(5) and 4(c). Having considered the parties’ submissions and heard oral argument, the court now adopts the following order.

I. Background

This case involves a putative class action lawsuit brought by consumers of certain Nissan automobiles against Nissan-Japan and Nissan North America (“Nissan-America”).…