OPINION AND ORDER Plaintiff New York Embroidery Studio, Inc. (“NYES”) alleges that Defendant Unifire, Inc. (“Unifire”) failed to pay a third-party, which then failed to pay NYES, for disposable isolation gowns that NYES manufactured and shipped. Unifire did not file an answer or otherwise make an appearance, and NYES moved for default judgement. For the reasons set forth herein, Plaintiff’s motion is DENIED and the case is dismissed without prejudice because Plaintiff failed to show that the Court has personal jurisdiction over Defendant. BACKGROUND On or about September 14, 2020, Unifire entered into two contracts with the United States Defense Logistics Troop Support Agency (“DLA”) for the supply of disposable isolation gowns (the “Gowns”). ECF No. 1 (“Compl.”) 5, ECF No. 24-4 3. Unifire then issued three purchase orders (“Purchase Orders”) to Contollo Mass Manufacturing LLC (“Contollo”) for the Gowns. Compl. 6. The Purchase Orders were signed by both Unifire and Contollo. Id. Contollo subsequently subcontracted the production of the Gowns to NYES, who manufactured and delivered the Gowns. Id. 7. The Gowns that Unifire ordered were delivered from Contollo. Id. 8. NYES is a corporation incorporated in, and with its principal place of business in, New York. Id. 1. Unifire is a corporation incorporated in, and with its principal place of business in, Washington. Id. 2. According to NYES, Unifire “failed to and refused to pay Contollo for certain gowns that were delivered and received.” Id. 8. On October 7, 2021, NYES and Contollo entered into an Assignment and Cooperation Agreement (“Assignment Agreement”), wherein Contollo assigned to NYES “all of its rights, title and interest in and to the accounts receivable from Unifire under Contollo’s Invoice Nos. 84212 and 84216.” Id. 10. Unifire was paid by DLA, and NYES alleges that Unifire continues to refuse to forward that payment to subcontractors. Id. 13. NYES filed this Complaint on June 2, 2023, alleging two causes of action for breach of contract and one cause of action for breach of implied contract. Id.
