ALLSTATE INSURANCE COMPANY v. UNITED PET GROUP, INC. et al

Filing 17

MEMORANDUM AND ORDER THAT DEFENDANT NEWA TECNO INDUSTRIA, S.R.L.'S MOTION TO DISMISS IS DENIED. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL TELEPHONE CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY SHALL PROCEED IN THE INTERIM. ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/12/15. 6/12/15 ENTERED AND COPIES E-MAILED.(va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN SULLICK,

CIVIL ACTION
Plaintiff,

v.
UNITED PET GROUP, INC., doing
business as “MARINELAND,” also known
as “MARINELAND AQUARIUM
PRODUCTS,”
TETRA HOLDINGS(US), INC., trading as
“PERFECTO MANUFACTURING, INC.,”
NEWA TECNO INDUSTRIA, SRL, and
WORLDWIDE AQUARIUM & PET
CENTER,
Defendants.

NO. 14-2950

ALLSTATE INSURANCE COMPANY, as
subrogee of BURTON JENKINS,
Plaintiff,

CIVIL ACTION

v.
NO. 14-5162
UNITED PET GROUP, INC., doing
business as “MARINELAND,” also known
as “MARINELAND AQUARIUM
PRODUCTS,”
TETRA HOLDINGS (US), INC., trading as
“PERFECTO MANUFACTURING, INC.,”
WORLDWIDE AQUARIUM & PET
CENTER, and
NEWA TECNO INDUSTRIA, SRL
Defendants.
ORDER
AND NOW, this 12th day of June, 2015, upon consideration of Defendant NEWA Tecno
Industria, S.R.L.’s Motion to Dismiss Plaintiff’s First Amended Complaint and Defendant
United Pet Group, Inc.’s Crossclaims for Lack of Personal Jurisdiction (“Motion to Dismiss”)
(Document No. 21, filed December 17, 2014); Response of United Pet Group, Inc., Incorrectly

Named as Separate Defendants United Pet Group, Inc. d/b/a Marineland a/k/a Marineland
Aquarium Products and Tetra Holdings (US), Inc. t/a Perfecto Manufacturing, Inc. in Opposition
to Defendant NEWA Tecno Industria, SRL’s Motion to Dismiss (Document No. 25, filed
December 31, 2014); Plaintiff’s Response and Joinder in Defendant United Pet Group’s
Opposition to Defendant, NEWA Tecno Industria, S.R.L.’s Motion to Dismiss Plaintiff’s First
Amended Complaint and Defendant United Pet Group, Inc.’s Crossclaims for Lack of Personal
Jurisdiction (Document No. 27, filed December 31, 2014); Reply Memorandum of Law in
Further Support of Defendant NEWA Tecno Industria, S.R.L.’s Motion to Dismiss Plaintiff’s
First Amended Complaint and Defendant United Pet Group, Inc.’s Crossclaims for Lack of
Personal Jurisdiction (Document No. 28, filed January 9, 2015); Sur-Reply of Defendant United
Pet Group, Inc., Incorrectly Named as Separate Defendants United Pet Group, Inc. d/b/a
Marineland a/k/a Marineland Aquarium Products and Tetra Holdings (US), Inc. t/a Perfecto
Manufacturing, Inc. to Defendant NEWA Tecno Industria, SRL’s Reply Memorandum of Law in
Support of Motion to Dismiss (Document No. 35, filed March 16, 2015); and Plaintiff’s Joinder
in Defendant United Pet Group’s Sur-Reply to Defendant, NEWA Tecno Industria, S.R.L.’s
Motion to Dismiss Plaintiff’s First Amended Complaint and Defendant United Pet Group’s
Crossclaims for Lack of Personal Jurisdiction (Document No. 36, filed March 18, 2015),1 for the
reasons set forth in the accompanying Memorandum dated June 12, 2015, IT IS ORDERED
that defendant NEWA Tecno Industria, S.R.L.’s Motion to Dismiss is DENIED.

1

By stipulation and order dated March 30, 2015, Allstate Insurance Company, plaintiff in
the consolidated action (Civil Action No. 14-5162), and defendant NEWA Tecno Industria,
S.R.L. (“NEWA”) agreed to incorporate NEWA’s Motion to Dismiss and all related briefing
from the Sullick action (Civil Action No. 14-2950) in the consolidated action, and stipulated that
no further briefing would be submitted on this issue.
2

IT IS FURTHER ORDERED that a preliminary pretrial telephone conference will be
scheduled in due course. Discovery shall proceed in the interim.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

3