CMC Industries, Inc. et al v. CRIC TRT Acquisition, LLC et al
| CMC Industries, Inc., Texas Rail Terminal, LLC, TRT LeaseCo, LLC and CMC Acquisition, LLC |
| CRIC TRT Acquisition, LLC, BNSF-Delpres Investments LTD, Leo S. Schwartz and Larry Krauss |
| 1:2018cv00209 |
| January 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
82
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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