Idearte Inc. v. Proveer Sign & Graphics
Filing
32
OPINION AND ORDER: Denying 24 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gustavo A. Gelpi on 1/9/2012. The case is TRANSFERRED to the Southern District of Florida as per 28 U.S.C. § 1406(TC) Modified on 1/10/2012 as to title and to add text and to substitute pdf as to typo (er). (Main Document 32 replaced on 1/10/2012) (er).
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE DISTRICT OF PUERTO RICO
3
4
5
6
7
8
IDEARTE, INC,
Plaintiff,
v.
Civil No. 11-1546 (GAG)
PROVEER SIGN & GRAPHICS, et al.,
Defendants.
9
10
OPINION AND ORDER
11
12
Defendant’s Motion to Dismiss for lack of jurisdiction (Docket No. 24) is DENIED and in
13
the interest of justice, this case is hereby TRANSFERRED to the United States District Court for
14
the Southern District of Florida as per 28 U.S.C. § 1406. This court notes that Florida, unlike this
15
jurisdiction, has personal jurisdiction over defendant. The complaint here does not arise from
16
defendant’s activities in Puerto Rico. Plaintiff agreed to purchase the equipment at issue while
17
attending a trade show in Miami. The same was delivered to Florida to plaintiff who made
18
arrangements for shipping it to Puerto Rico. This does not constitute purposeful availment of the
19
Puerto Rico forum by defendant. More so, defendant does not do any business, market itself nor
20
advertise in Puerto Rico.
21
Plaintiff, in the complaint, alleges a breach of warranty and seeks contractual recision and
22
damages. Given that the sale and negotiations, as well as delivery took place in Florida, the breach
23
of the sales agreement (i.e. faulty equipment) likewise does not arise from any activities of
24
defendant in Puerto Rico.
25
Plaintiff’s only claim of a contract to Puerto Rico is that approximately two months
26
following the sale of the equipment, defendant sent a technician to Puerto Rico to install the printer
27
which plaintiff itself brought to Puerto Rico. Plaintiff does not dispute that following this, it never
28
requested defendant to send a technician for diagnosis and repair.
1
2
3
Civil No. 11-1546 (GAG)
2
The above facts are not in dispute, as per the parties’ pleading (Docket Nos. 24 & 29). Thus,
an evidentiary hearing is unnecessary.
4
IV.
5
For the reasons set forth above, the court DENIES Defendant’s motion to dismiss at Docket
6
No. 24. The case is TRANSFERRED to the Southern District of Florida as per 28 U.S.C. § 1406.
Conclusion
7
8
SO ORDERED.
9
In San Juan, Puerto Rico this 9th day of January, 2012.
10
s/ Gustavo A. Gelpí
11
GUSTAVO A. GELPI
United States District Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?