Del Toro v. Novus Equities LLC

OPINION & ORDER Francisco Del Toro (“Plaintiff”) brings this action against Novus Equities, LLC (“Novus”), alleging that Novus materially breached an independent contractor agreement. (ECF No. 1.) Presently before the Court is Novus’ motion to dismiss the Complaint, or in the alternative, to transfer venue. (ECF No. 15.) For the following reasons, the motion is DENIED. BACKGROUND The following facts are taken from Plaintiff’s Complaint (ECF No. 1) as well as the parties’ July 8, 2015 agreement that is incorporated into the Complaint by reference,¹ and are accepted as true and construed in the light most favorable to Plaintiff for purposes of this motion. On or about June 1, 2015, Plaintiff began working as a consultant for Novus. (ECF No. 1 5.) On July 8, 2015, the parties entered into an independent contractor agreement (the “Agreement”) pursuant to which Plaintiff would work as a contractor for Novus to assist with planning, developing, and certain architectural services. (ECF No. 15 at Ex. A.) The Agreement states that any modifications or amendments had to be in writing and signed by both parties. (Id.) The Agreement also states: [t]his Agreement will be governed by and construed in accordance with the laws of the State of New Jersey as applicable to contracts made and to be performed in that state, without regard to conflicts of laws principles. The Parties consent to the personal jurisdiction and venue of the state and federal courts of, New Jersey. (Id.) The Agreement terminated on June 30, 2018. (Id.) On May 1, 2018, prior to the expiration of the Agreement, the parties negotiated a new independent contractor agreement (the “Second Agreement”). (ECF No. 1

6-7.) Pursuant to the Second Agreement, Plaintiff located three development projects for Novus, and sought out properties, attended community affairs meetings, conducted lobbying, met with architects, and obtained zoning approval to advance these projects. (Id. 8.) On or about December 15, 2018, Novus terminated Plaintiff’s position as a consultant, and refused to compensate him for his services. (Id.