Brooklyn AC-Delco, Inc. et al v. DAC Vision North America, Inc. et al

Filing 33

MEMORANDUM ORDER AND JUDGMENT. Defendant, DAC Vision North America, Inc. moves to dismiss, 23 , on the ground that it had nothing to do with the events in question. Documents and counsels' submissions and argument establish that the equipm ent was manufactured in 2005 by a non-party, DAC International, Inc., in California. Permission to submit an amended complaint is denied. In view of the statute of limitations an amendment would serve no purpose. The complaint filed against DAV Vi sion North America, Inc. is dismissed. No costs or disbursements are awarded. Defendant Chemat Technology, Inc., a California-based company to which plaintiff turned to for repairs in 2014, moves to dismiss [ 15 ]. Alternatively, it seeks transfe r to the Central District of California where it conducts its business. Defendant Chemat has agreed to deem the complaint served in California, with personal jurisdiction over Chemat in that district. The 15 motion by Chemat to transfer the case to the Central District of California is granted for the convenience of witnesses. The Clerk of the Court shall transfer this case to the Middle District of California. Ordered by Judge Jack B. Weinstein on 7/20/2015. (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

UAIZ IN CLERK'S OFFICE
COURT E.O.N.y

* JUL2 12015 *
BROOKLYN AC-DELCO, INC., f/k/a
AC-DELCO CARS, INC. and
TD OPTICAL DESIGN LTD.,

BROOKLYN OFFICE
MEMORANDUM
ORDER AND JUDGMENT

Plaintiffs,

15-CV-1333 (JEW) (SMG)

-against-

/

DAC VISION NORTH AMERICA, INC. and
CHEMAT TECHNOLOGY, INC.,
Defendants.

JACK B. WEINSTEIN,

Senior United States District Judge:

This is a suit over an alleged failure to repair, in 2014 by a company doing business in
California, a digital lens surfacing lathe, manufactured in California in 2005 or 2006 by another
firm doing business in California. The product was used solely in Kiev, Ukraine.

I.

DAC Motion

Defendant, DAC Vision North America, Inc. moves to dismiss on the ground that it had
nothing to do with the events in question. Documents and counsels' submissions and argument
establish that the equipment was manufactured in 2005 by a non-party, DAC International, Inc,
in California. See hearing transcript July 20, 2015. It was shipped by the manufacturer from
California to Kiev, and delivered in 2006. The equipment apparently broke down in the Ukraine
in 2014 after some years of use. Id.

V

1

The contractual warranty was for one year. Id. It is too late to substitute a new defendant
on a ground to be asserted against another party for breach of warranty. Under ruling California
law a breach of warranty claim has a four year statute of limitations. See UCC 2-725, Cal. Civ.
Proc. Code §2725.
Permission to submit an amended complaint is denied. In view of the statute of
limitations an amendment would serve no purpose.
The complaint filed against DAV Vision North America, Inc. is dismissed. No costs or
disbursements are awarded.

II.

Chemat Motion

Defendant Chemat Technology, Inc., a California-based company to which plaintiff
turned to for repairs in 2014, moves to dismiss. Its ground is lack of personal jurisdiction in
New York. Alternatively, it seeks transfer to the Central District of California where it conducts
its business. See 28 U.S.C. §§ 1404(a), 1406(a). It was to Chemat's address in that district that
plaintiff sent damaged parts for repair.
Chemat has no general contacts or specific contacts related to this dispute in New York
which would individually or together support New York personal jurisdiction over this
defendant. See N.Y.CPLR § 302.
Defendant Chemat has agreed to deem the complaint served in California, with personal
jurisdiction over Chemat in that district. See hearing transcript July 20, 2015.

The motion by Chemat to transfer the case to the Central District of California is granted
for the convenience of witnesses. See 28 U.S.C. §§ 1404(a), 1406(a).
The Clerk of the Court shall transfer this case to the Middle District of California.

k B. Weinstein
fen ior United States District Judge
Date: July 20, 2015
Brooklyn, New York