Greentree Financial Group, Inc. v. Chijet Motor Company, Inc.

• Court: Court of Appeals for the Second Circuit
• Decided: June 22, 2026
• Docket: 25-2090
• Status: Unpublished

Opinion

25-2090 Greentree Financial Group, Inc. v. Chijet Motor Company, Inc.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals for the Second Circuit, held at the 2 Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 3 22nd day of June, two thousand twenty-six. 4 5 Present: 6 DEBRA ANN LIVINGSTON, 7 Chief Judge, 8 DENNY CHIN, 9 JOSEPH F. BIANCO, 10 Circuit Judges. 11 _____________________________________ 12 13 GREENTREE FINANCIAL GROUP, INC., 14 15 Plaintiff-Counter-Defendant-Appellant, 16 17 v. 25-2090 18 19 EQUINITI TRUST COMPANY, LLC, FKA AMERICAN 20 STOCK TRANSFER &TRUST COMPANY, LLC, 21 22 Defendant-Appellee, 23 24 CHIJET MOTOR COMPANY, INC., 25 26 Defendant-Counter-Claimant-Appellee, 27 WEIHENG CAI, 28 29 Defendant-Counter-Defendant. 30 31 _____________________________________ 32 1 For Plaintiff-Counter-Defendant-Appellant: RORY G. GREEBEL, Beth G. Oliva, Fox Rothschild 2 LLP, New York, NY. 3 4 Appeal from a decision and order of the United States District Court for the Southern

5 District of New York (Caproni, J.).

6 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND

7 DECREED that the appeal is DISMISSED for lack of appellate jurisdiction.

8 Plaintiff-Counter-Defendant-Appellant Greentree Financial Group, Inc. (“Greentree”)

9 appeals from a decision and order of the United States District Court for the Southern District of

10 New York entered on July 30, 2025, granting Defendant-Appellee Equiniti Trust Company LLC’s

11 (“Equiniti’s”) motion to dismiss. Greentree brought this breach of contract action against Equiniti

12 and Defendant-Counter-Claimant-Appellee Chijet Motor Company, Inc. (“Chijet”). Equiniti

13 moved to dismiss the amended complaint and Chijet, in answering the amended complaint,

14 asserted a counterclaim against Greentree and Weiheng Cai for breach of fiduciary duty. Greentree

15 moved to dismiss Chijet’s counterclaim for lack of subject matter jurisdiction and failure to state

16 a claim. The district court granted Equiniti’s motion to dismiss for failure to state a claim,

17 construed Greentree’s motion to dismiss as a motion to compel arbitration, and granted that

18 motion, staying the counterclaim while arbitration is pending. Greentree’s claims against Chijet

19 for breach of contract are currently proceeding in the district court.

20 Under the final judgment rule, this Court has appellate jurisdiction only over decisions that

21 are final, subject to several “narrow exceptions.” Transaero, Inc. v. La Fuerza Aerea Boliviana,

22 99 F.3d 538, 541 (2d Cir. 1996). A decision is final only if it “conclusively determines the pending

23 claims of all the parties to the litigation” and “leav[es] nothing for the court to do but execute its

24 decision.” Mead v. Reliastar Life Ins. Co., 768 F.3d 102, 109 (2d Cir. 2014) (emphasis added)

25 (internal quotation marks omitted). The dismissal order on appeal here is clearly not final, since 1 it does not resolve any of the claims by Greentree against Chijet. Indeed, that litigation remains

2 pending. Because there is no final judgment of the district court, and because the appeal was not

3 certified under either 28 U.S.C. §1292(b) or Fed. R. Civ. P. 54(b), we DISMISS for lack of

4 appellate jurisdiction.

5 FOR THE COURT: 6 Catherine O’Hagan Wolfe, Clerk