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Cai v. Frequency Networks

$70,315 'Matter in Controversy' Below Diversity Jurisdiction Threshold; Suit Dismissed

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Pro se Plaintiff Maria Cai brings this action against Defendant Frequency Networks, Inc. alleging a breach of contract. Defendant moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), or, in the alternative, to dismiss the complaint for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Defendant also moves for attorneys’ fees. BACKGROUNDIn 2013, Plaintiff, a citizen of New York, began raising capital for Defendant, a California-based company.1 (Am. Compl. 4-5, ECF No. 5.) Plaintiff and Blair Harrison, Defendant’s CEO, agreed that Defendant would pay Plaintiff a $35,000 consultant fee on each monthly invoice she sent to the company. (Id.) Plaintiff sent the company three invoices. (Id.) Defendant sent Plaintiff one check for $35,000, dated March 13, 2014. (Id. at 5, 10.) On the same day, Harrison sent Plaintiff an email in which she asked Plaintiff to agree that the email would “confirm our agreement that this payment of $35,000 for consulting services plus the 75,000 share stock option grant together constitute payment in full by Frequency of any and all

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