CMC Industries, Inc. et al v. CRIC TRT Acquisition, LLC et al

Plaintiff: CMC Industries, Inc., Texas Rail Terminal, LLC, TRT LeaseCo, LLC and CMC Acquisition, LLC
Defendant: CRIC TRT Acquisition, LLC, BNSF-Delpres Investments LTD, Leo S. Schwartz and Larry Krauss
Case Number: 1:2018cv00209
Filed: January 10, 2018
Court: New York Southern District Court
Office: Foley Square Office
Presiding Judge: Jesse M. Furman
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None

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Date Filed#Document Text
September 14, 2018 82 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: 34 AMENDED MOTION to Dismiss for Lack of Jurisdiction filed by Larry Krauss, Leo S. Schwartz: At bottom, CMC Industries's claim against the Individual Defendants stems from the alleged failure of the latt er to comply, as an internal governance matter, with certain board resolutions as officers of CMC Industries, a Texas corporation, concerning a Wells Fargo escrow account in Utah, all of which is governed by Texas law. That dispute has no demonstrabl e connection to New York or to the New York forum-selection clauses in the SPA and the MSA. It follows that the Court lacks personal jurisdiction over the Individual Defendants and that the sole claim against them, Count Three of the Amended Complain t, must be and is dismissed. Within one week of the date of this Memorandum Opinion and Order, the parties shall file letters, not to exceed three pages, addressing whether and to what extent dismissal of the claim against the Individual Defendants a ffects the remaining claims and other pending motions. The Clerk of Court is directed to terminate Docket No. 34 and to terminate Defendants Leo S. Schwartz and Larry Krauss as parties. (Larry Krauss and Leo S. Schwartz terminated.) (Signed by Judge Jesse M. Furman on 9/14/2018) (jwh)

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Search for this case: CMC Industries, Inc. et al v. CRIC TRT Acquisition, LLC et al
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Plaintiff: CMC Industries, Inc.
Represented By: James Michael Barton
Represented By: Lorne Mitchell Reiter
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Plaintiff: Texas Rail Terminal, LLC
Represented By: James Michael Barton
Represented By: Lorne Mitchell Reiter
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Plaintiff: TRT LeaseCo, LLC
Represented By: James Michael Barton
Represented By: Lorne Mitchell Reiter
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Plaintiff: CMC Acquisition, LLC
Represented By: James Michael Barton
Represented By: Lorne Mitchell Reiter
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Defendant: CRIC TRT Acquisition, LLC
Represented By: Barry Shawn Pollack
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Defendant: BNSF-Delpres Investments LTD
Represented By: Barry Shawn Pollack
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Defendant: Leo S. Schwartz
Represented By: Barry Shawn Pollack
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Defendant: Larry Krauss
Represented By: Barry Shawn Pollack
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