Volkswagen Group of America, Inc. v. On-Line Administrators, Inc.

I. INTRODUCTION

On August 11, 2023, plaintiff Volkswagen Group of America, Inc. (“Volkswagen”) filed suit against defendants On-Line Administrators, Inc. dba Peak Performance Marketing Solutions (“Peak”), On-Line Administrators, LLC, and Affinitiv, Inc. (“Affinitiv”) (collectively “defendants”) in this Court. Dkt. 1 (“Compl.”). Plaintiff brings claims for: (1) express contractual indemnity; (2) equitable indemnity; (3) declaratory relief: and (4) breach of contract, arguing that defendants were obligated to indemnify plaintiff in a third-party lawsuit that was filed against both parties. Id. On October 12, 2023, defendants filed a motion to dismiss. Dkt. 14. On November 15, 2023, the Court denied defendants’ motion as to plaintiff's four claims, but granted defendants’ motion as to plaintiff's prayer for attorneys’ fees. Dkt. 22. On November 15, 2024, Volkswagen filed the instant motion for partial summary judgment. Dkt. 51 (“MSY”). Volkswagen concurrently filed a statement of uncontroverted facts, dkt. 52, and a request for judicial notice, dkt. 53. On December 30, 2024, defendants filed an opposition. Dkt. 57 (“Opp.”). On the same day, defendants…