The Sherwin-Williams Company et al v. Avisep, S.A. de C.V. et al, No. 1:2014cv06227 - Document 55 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER re: 41 MOTION to Dismiss / Notice of Motion to Dismiss. filed by Avisep, S.A. de C.V., Bevisep, S.A. de C.V. For the foregoing reasons, the Court declines to exercise jurisdiction in New York over the Mexican Defe ndants who executed agreements in Ohio with Ohio Plaintiffs for shares in Mexican companies governed by Mexican law and subject to arbitration in Dallas. These facts confirm that "[t]his case presents the kind of exceptional situation envisage d by the Court in Burger King: here the existence of minimum contacts between the defendant and the forum state presents an arguably close question, but the analysis of the Asahi factors reveals that the exercise of personal jurisdiction would be decidedly unreasonable. Such cases may be unusual, but they remain good candidates for dismissal." Metro. Life Ins. Co., 84 F.3d at 575. Defendants' motion to dismiss for lack of personal jurisdiction is therefore granted. The case is dismissed without prejudice to file in another forum. The Clerk of the Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 1/28/2016) (cf) Modified on 1/28/2016 (cf).