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Magna Powertrain de Mexico S.A. de C.V. v. Momentive Performance Materials USA LLC

Action Dismissed for Lack of Jurisdiction as Aliens Are Parties on Both Sides of Action

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DECISION and ORDER

*1 Currently before the Court, in this breach-of-contract action filed by Magna Powertrain de Mexico S.A. de C.V. (“Plaintiff” or “Magna”) against Momentive Performance Materials USA LLC (“Defendant Momentive” or “Momentive”) and Silex One S.A. de C.V. (“Defendant Silex” or “Silex”), is Defendant Silex’s motion to dismiss Plaintiff’s Amended Complaint for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). (Dkt. No. 77.) For the reasons set forth below, Defendant Silex’s motion is denied as moot; the Court sua sponte finds, pursuant to Fed. R. Civ. P. 12(h)(3), that it lacks subject-matter jurisdiction over Plaintiff’s Amended Complaint because of lack of complete diversity of the parties; and the Court remands this action to the Circuit Court for the County of Oakland (Sixth Judicial Circuit), State of Michigan, pursuant to 28 U.S.C. §1447(c).I. RELEVANT BACKGROUNDA. Plaintiff’s Amended ComplaintGenerally, liberally construed, Plaintiff’s Amended Complaint alleges as follows. (Dkt. No. 50 [Pl.'s Am. Compl.].) In 2002, Defendant Momentive, a Delaware corporation with its principal place of business in Waterford, New York, began directly supplying to Plaintiff (whose manufacturing facility was, at that time, located in Syracuse, New York) RTV1673LV sealant (the “Sealant”) for use in the manufacturing of transfer cases for FiatChrysler vehicles. (Id. at

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