Hovensa L.L.C. v. Technip Italy S.P.A. et al
| Hovensa L.L.C. |
| Technip Italy S.P.A. and Technip S.A. |
| 1:2008cv01221 |
| February 6, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Naomi Reice Buchwald |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
26
MEMORANDUM AND ORDER granting in part and denying in part 15 Motion to Dismiss For the foregoing reasons, we grant defendants' motion to dismiss for failure to join an indispensable party in so far as it relates to claims alleging a breach of the construction agreement. Additionally, we grant defendants' motion to dismiss Technip S.A. Accordingly, Count One and Three are dismissed in their entirety. Defendant's motion to dismiss Claim Two of plaintiff's amended complaint is denied insofar as it pertains to Technip Italy's alleged breach of the E&P agreement. Finally, Hovensa is directed to inform this Court within two weeks as to whether it will pursue this litigation in this forum or utilize another forum in which the entirety of the dispute may be litigated. (Signed by Judge Naomi Reice Buchwald on 3/16/2009) Copies Mailed By Chambers.(tve)
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