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Before me is defendants motion to dismiss for lack of personal jurisdiction, which I deny for the following reasons. I. According energy to products, generators, which the complaint, VSP manufacturers green and wind mobile including solar it through sells a powered network of dealers. Defendants Von Stach, a Canadian citizen who lives in Ontario, and Walker, a Canadian citizen who maintains an office in Dockets.Justia.com Michigan, are, or were, principals of the corporate defendants.1 The complaint alleges that defendants placed an advertisement in USA Today soliciting investors to purchase its accounts receivables at a discount. Cmplt. 12. Plaintiffs corporate representative responded to the ad by email, and over the course of a subsequent email exchange, Von Stach explained that the offer was for investors to purchase one or more receivables from VSP at a twenty-percent discount, after which VSP would assign the right to purchasing directly receive investors, from VSPs payment which on the would dealers. Von then Stach receivable(s) recover to face represented the value that the receivables were fully insured; that they were for product sales to VSPs dealers for the dealers own stock, and were not consignment sales, nor could the products be returned to VSP by the dealers; and that each receivable was due within 90 days. Relying visiting on the defendants foregoing facility representations, in Ontario, and plaintiffs after then purchased a number of accounts receivables from VSP-FL, only to discover that defendants never shipped any products to several of the dealers from whom plaintiffs expected to receive payment; that defendants had shipped products on consignment to several 1 Walker was allegedly the sole member of VSP-FL, a Florida limited liability company that was involuntarily dissolved on September 11, 2015, for failure to file its annual reports. Cmplt. at 4.
For the original version including any supplementary images or video, visit http://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2016cv06150/327710/29/
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