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Micro Fines Recycling Owego LLC v. Ferrex Eng'g Ltd.

Pierce of Corporate Veil Not Justified in Action Arising From Defective Industrial Dryer

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Micro Fines Recycling Owego LLC initially brought this action against Ferrex Engineering, Ltd (“Ferrex”) alleging breach of contract. Dkt. No. 1 (“Complaint”). Plaintiff later filed an amended complaint adding 1199541 Ontario, Inc. (“1199541″) and Tom Clarkson (“Clarkson”) as defendants and seeking to pierce the corporate veil. Dkt. No. 13 (“Amended Complaint”). Ferrex did not defend and Plaintiff was granted Default Judgment as to Ferrex. Dkt. No. 82. Ferrex filed for bankruptcy and all proceedings against Ferrex were stayed. Dkt. No. 101. Presently before the Court are cross motions for summary judgment. Dkt. Nos. 116 (“Defendants’ Motion”), 116-1 (“Defendant’s Memorandum of Law”), 116-2 (“Defendant’s Statement of Material Facts”), 127 (“Plaintiff’s Response”), 129 (“Plaintiff’s Amended Response to Defendant’s Statement of Material Facts”), 130 (“Defendants’ Reply”), 118 (“Plaintiff’s Motion”), 119-2 (“Plaintiff’s Memorandum of Law”), 121 (“Plaintiff’s Statement of Material Facts”), 127 (“Defendants’ Response”), 123 (“Defendants’ Response to Plaintiff’s Statement of Material Facts”), 131 (“Plaintiff’s Reply”). For the following reasons, the Court grants Defendant’s Motion and denies Plaintiff’s Motion. Also before the court is Defendants’ motion to strike, Dkt. Nos. 136 (“Motion to Strike”). The Court denies this motion as moot. II. BACKGROUND A. Factual History The following facts are undisputed, except where otherwise noted. Ferrex Engineering Ltd. is a corporation incorporated in Ontario, Canada. Def.’s SMF 1; Pl.’s Am. Resp. to Def.’s SMF 1. At the beginning of 1997, Clarkson was President of Ferrex and owned 50 percent of the company’s shares. See Def.’s SMF

7, 8, 13; Pl.’s Am. Resp. to Def.’s SMF

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