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Resetarits Constr. Corp. v. E&N Constr. Inc.

Breach Suit Dismissed; Parties' Agreement to Master Subcontract, Forum Clause Disputed

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DECISION AND ORDER I. Introduction Before this Court is a contract dispute arising from a construction Master Subcontract for a project in New Jersey. Defendants (a New Jersey subcontractor and its principal) removed this case to this Court (Docket No. 1, Notice of Removal). Plaintiff Resetarits Construction Corporation (or “RCC”) is a New York corporation and contractor on the New Jersey project, while Defendant E&N Construction (“E&N”) is a New Jersey corporation (id.

7, 8, Ex. A, State Compl.) that performed work in the project. In his declaration in support of the Motion to Dismiss, Defendant Elio Ferreira states that he is a citizen of New Jersey (Docket No. 3, Decl. of Elio Ferreira 6; see also Docket No. 1, Notice of Removal 8 (Ferreira not a citizen of New York). This Decision and Order considers (a) Defendants’ Motion to Dismiss (Docket No. 3) and (b) Plaintiff’s Cross-Motion to Remand and for other, alternative relief (Docket No. 5). For the reasons stated herein, Plaintiff’s Cross-Motion to Remand (Docket No. 5) is denied. Defendants’ Motion to Dismiss (Docket No. 3) for lack of personal jurisdiction over Defendant Elio Ferreira is granted and their Motion to Dismiss (id.) Defendant E&N Construction, Inc., is granted. Plaintiff’s alternative motion for limited jurisdictional discovery (Docket No. 5) is denied and its motion (id.) for leave to amend the state Complaint as proffered is denied. II. Background A. Removal Defendants removed this case from New York State Supreme Court, Erie County (Docket No. 1, Notice of Removal), asserting federal jurisdiction based on diversity jurisdiction (id.

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