TEXT ORDER. Before the Court is Defendant Arxada, LLC's ("Arxada") Motion to Dismiss pursuant to both Federal Rules of Civil Procedure 12(b)(2) for lack of personal jurisdiction and 12(b)(6) for failure to state a claim based on the expiration of the statute of limitations. See ECF No. 56 . Plaintiff filed a Response in Opposition. See ECF No. 57 . Plaintiff argues, in part, that dismissal on these grounds is premature and requests discovery, at minimum, on jurisdictional issues but also contends discovery is necessary to determine the applicability of equitable tolling regarding the statute of limitations. See id. at 2, 3, 58. Arxada filed a Reply. See ECF No. 58 .Upon review of the Parties' filings and the record before the Court, the Court is of the opinion that it lacks general personal jurisdiction over Arxada. However, the Court finds that limited jurisdictional discovery as to the question of specific jurisdiction is warranted. With respect to the arguments pertaining to the statute of limitations, the Court finds that limited discovery is also appropriate to determine whether equitable tolling is applicable in this action. To that end, the Parties are directed to engage in and complete limited discovery as to the issues of personal jurisdiction and the statute of limitations within the next 60 days.
Accordingly, the Court denies Arxada's Motion to Dismiss 56 without prejudice and with leave to refile after the completion of this limited discovery.
Relatedly, the Court notes that South Carolina law is the applicable law concerning the statute of limitations in this case. See ECF Nos. 45 at 5-10. However, in the briefing on the Motion to Dismiss, the Parties relied on several cases applying law from jurisdictions other than South Carolina; reliance on non-controlling law in future filings will not be viewed favorably by the Court.
Additionally, it appears that jurisdiction in this matter is predicated solely upon diversity of citizenship pursuant to 28 U.S.C. § 1332. See ECF No. 49 . However, the pleadings provide only that "Defendant Arxada, LLC is incorporated in Delaware and its principal place of business is in New Jersey at 412 Mount Kemble Ave Ste 200S Morristown, NJ," and it does not appear that there is any other information regarding Arxada's business structure on the record. See id. at 3. The Court notes that this information is insufficient to establish complete diversity between the Parties because "[f]or purposes of diversity jurisdiction, the citizenship of a limited liability company... is determined by the citizenship of its members." See Cent. W. Va. Energy Co. v. Mountain State Carbon, LLC, 636 F.3d 101,103 (4th Cir. 2011) (emphasis added). Accordingly, Plaintiff is directed to inform the Court of the citizenship of all members of Arxada within 60 days.
Signed by Honorable Donald C Coggins, Jr on 6/17/26.(alew)