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Kintetsu World Express (USA) Inc. v. Dialectic Distribution LLC

Court Has Jurisdiction Over Breach Action; Standards for Transfer to New Jersey Not Met

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OPINION AND ORDER Kintetsu World Express (U.S.A.), Inc. (“KWE”) brings this action against Dialectic Distribution LLC (“Dialectic”) for breach of contract and unjust enrichment. Before the Court is Dialectic’s motion to dismiss the case under Federal Rules of Civil Procedure 12(b)(2) and 12(b)(1) for lack of personal and subject matter jurisdiction, or in the alternative, for forum non conveniens. (Dkt. No. 19, also filed at Dkt. No. 11.) For the reasons that follow, Dialectic’s motion is denied. I. Background The following facts are drawn from KWE’s complaint (Dkt. No. 1; “Compl.”) and assumed true for the purposes of this motion. KWE is a California corporation with its principal place of business in Jericho, New York that provides end-to-end logistics and distribution services around the world. (Comp. 1-2.) Dialectic is a New Jersey corporation with its principal place of business in New Jersey. (Compl. 3.) Dialectic’s LLC has one member, Zachary Zelter, who is also a citizen of New Jersey, and is in the business of selling and distributing merchandise such as consumer electronics. (Compl.

3-6.) KWE alleges that from May through August 2020, Dialectic contracted with KWE to handle logistics, for which KWE invoiced Dialectic $2,258,897.79. (Compl.

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