Central Wyoming Neurosurgery LLC v. Barta-Iso Aviation et al

Filing 90

OPINION and ORDER by the Honorable Alan B Johnson granting 50 Motion to Dismiss for Lack of Personal Jurisdiction and Transferring Case to Indiana in Lieu of Dismissal.(Court Staff, sth)

UNITED STATES DISTRICT COURT

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DISTRICT OF WYOMING
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stephan HARRIS, clzrk

CENTRAL WYOMING NEUROSURGERY,

ch :yenne

LLC,

Plaintiff,
Case No. 13-CV-77-ABJ
v.

BARTA-ISO AVIATION, EAGLE CREEK
AVIATION SERVICES, and JETSTREAM
ESCROW & TITLE SERVICE, INC.,
Defendants.

OPINION AND ORDER GRANTING EAGLE CREEK AVIATION SERVICES'
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

AND TRANSFERRING CASE TO INDIANA IN LIEU OF DISMISSAL
Eagle Creek's Motion to Dismiss (Doc. No. 50). CWN's opposition (Doc. No. 58) and
Barta-Iso's opposition thereto (Doc. No. 61) and Eagle Creek's further reply (Doc. No. 63) have
come before the Court for consideration. Having considered the pleadings, the applicable law,
the parties' written submissions and materials offered in support of their respective positions, the
Court FINDS and ORDERS as follows:
BACKGROUND

Central Wyoming Neurosurgery (CWN) contracted with Barta-Iso Aviation (Barta-Iso), a

New York company, to buy a plane. The next day, Barta-Iso contracted with Eagle Creek
Aviation Services (Eagle Creek) to purchase a plane to satisfy CWN's order. In an addendum to
the Barta-Iso/CWN Purchase Agreement, Barta-Iso and CWN agreed that Eagle Creek (an

Indiana company) would repair the plane. Later Eagle Creek communicated with CWN about
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