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 (“OLA”), 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 (the Trenz action) that was filed against both parties. Id. On October 12, 2023, defendants filed the instant motion to dismiss. Dkt. 14 (“MTD”). They concurrently filed a declaration from Jay T. Ramsey containing documents from the Trenz action. Dkt. 14-1, 14-2 (“Ramsey Decl.”). On October 23, 2023, plaintiff filed its opposition. Dkt. 16 (“Opp.”). It concurrently filed objections to the evidence presented in the Ramsey Declaration and accompanying exhibits. Dkt. 17 (“Obj.”). On October 30, 2023, defendants filed their reply. Dkt. 18 (“Reply”). On November 13, 2023, the Court held a hearing. Having…