United States District Court, D. Connecticut
RULING ON MOTION TO DISMISS
A. BOLDEN UNITED STATES DISTRICT JUDGE
case concerns commissions and expenses allegedly owed to car
salesman Mark Borderud (“Plaintiff” or “Mr.
Borderud”) by his former employer Riverside Motorcars,
LLC, (“Riverside”), Christian Salinardi
(“Mr. Salinardi”), the alleged owner of
Riverside, and Joseph Salinardi, the alleged General Manager
of Riverside. Compl., ECF No. 1, ¶¶ 3-7, 11-15. Mr.
Borderud has sued under the Connecticut Wage Act, Conn. Gen
Stat. 31-68, et seq. Compl. ¶ 1.
Salinardi has moved to dismiss Mr. Borderud's claim for
lack of subject matter jurisdiction. Rule 12(b)(1) Mot. to
Dismiss for Lack of Subject Matter Jurisdiction, ECF No. 11.
reasons discussed below, the Court DENIES
Mr. Salinardi's motion to dismiss, ECF No. 11.
FACTUAL AND PROCEDURAL BACKGROUND
Borderud sold cars for Riverside in Naugatuck, Connecticut.
Compl. ¶¶ 3, 11; Rule 12(b)(1) Mot. to Dismiss for
Lack of Subject Matter Jurisdiction at 2. His employment
contract with Defendants allegedly stipulated “a
certain amount of commission on each vehicle sold” as
well as reimbursement for “certain expenses.”
Compl. ¶ 11. Mr. Borderud alleges that “Defendants
failed and neglected to pay [him] all commissions that were
due for his sales.” Id. ¶ 13. Mr.
Borderud claims that Defendants owe him $47, 750 in unpaid
commissions, $426 in unpaid expense reimbursements, and
statutory damages totaling “twice the full amount of
such wages, along with costs and reasonable attorneys'
fees.” Id. ¶¶ 14-15, 20.
August 6, 2018, Plaintiff filed the present Complaint.
Compl., ECF No. 1.
August 29, 2018, Mr. Salinardi filed his pro se
motion to dismiss. Rule 12(b)(1) Mot. to Dismiss for Lack of
Subject Matter Jurisdiction, ECF No. 11.
September 5, 2018, Plaintiff opposed the motion to dismiss.
Opp. to Def. Christian Salinardi's 12(b)(1) Mot. to
Dismiss for Lack of Subject Matter Jurisdiction, ECF No. 12.
January 11, 2019, Defendants filed their combined Answer and
affirmative defenses. Def. Joseph Salinardi, Christian
Salinardi and Riverside Motorcars Answer and Affirmative
Defenses, ECF No. 28.
STANDARD OF REVIEW
actions between and among the citizens of different states,
“[t]he district courts shall have original jurisdiction
. . . where the matter in controversy exceeds the ...