MUNKSJO PAPER AB v. BEDFORD MATERIALS CO., INC.
MEMORANDUM OPINION AND ORDER - upon consideration of Plaintiff's Motion to Dismiss Count III of Defendant's First Amended Answer, Affirmative Defenses, and Counterclaims (ECF No. 35 ), and for the reasons set forth in the accompanying Memo randum Opinion, IT IS HEREBY ORDERED that Plaintiff's Motion to Dismiss Count III of Defendant's First Amended Answer, Affirmative Defenses, and Counterclaims (ECF No. 35 ) is GRANTED. Accordingly, Count III of Defendant's First Amend ed Answer, Affirmative Defenses and Counterclaims is DISMISSED. IT IS FURTHER ORDERED that Defendant is HEREBY GRANTED leave to amend its First Amended Answer, Affirmative Defenses, and Counterclaims on or before May 9, 2018, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/18/2018. (dlg) Modified on 4/18/2018. (cel)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MUNKS JO PAPER AB,
Case No. 3:16-cv-270
JUDGE KIM R. GIBSON
BEDFORD MATERIALS CO., INC.,
Pending before the Court is Plaintiff's Motion to Dismiss Count III of Defendant's
First Amended Answer, Affirmative Defenses, and Counterclaims. (ECF No. 35.) The
Motion has been fully briefed (see ECF Nos. 36, 38) and is ripe for disposition.
This case arises from disputes involving a long-term supply agreement between
Defendant Bedford Materials Co., Inc. ("Bedford") and Plaintiff Munksjo Paper AB
("Munksjo"). Munksjo now asks this Court to dismiss Count III of Bedford's three-count
First Amended Answer, Affirmative Defenses and Counterclaims ("Amended Answer")
for failure to state a claim upon which relief may be granted pursuant to Federal Rule of
Civil Procedure 12(b)(6) because Count III is barred by the gist of the action doctrine.
Munksjo has not moved to dismiss Count I or Count II of the Amended Answer.
For the reasons that follow, this Court will GRANT MunksjO' s Motion.
Jurisdiction and Venue
The Court has subject matter jurisdiction pursuant to 28 U.S.C § 1332(a)(l) because,
according to the Amended Complaint and the Amended Answer, Munksjo is a Swedish
company with its principal place of business in Sweden, Bedford is a Pennsylvania
corporation with its principal place of business in the Commonwealth of Pennsylvania, and
the amount in controversy exceeds $75,000. (ECF No. 13
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