-BJM Idearte Inc. v. Proveer Sign & Graphics, No. 3:2011cv01546 - Document 32 (D.P.R. 2012)

Court Description: OPINION AND ORDER: Denying 24 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gustavo A. Gelpi on 1/9/2012. The case is TRANSFERRED to the Southern District of Florida as per 28 U.S.C. § 1406(TC) Modified on 1/10/2012 as to title and to add text and to substitute pdf as to typo (er). (Main Document 32 replaced on 1/10/2012) (er).

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF PUERTO RICO 3 4 5 6 7 8 IDEARTE, INC, Plaintiff, v. Civil No. 11-1546 (GAG) PROVEER SIGN & GRAPHICS, et al., Defendants. 9 10 OPINION AND ORDER 11 12 Defendant s Motion to Dismiss for lack of jurisdiction (Docket No. 24) is DENIED and in 13 the interest of justice, this case is hereby TRANSFERRED to the United States District Court for 14 the Southern District of Florida as per 28 U.S.C. § 1406. This court notes that Florida, unlike this 15 jurisdiction, has personal jurisdiction over defendant. The complaint here does not arise from 16 defendant s activities in Puerto Rico. Plaintiff agreed to purchase the equipment at issue while 17 attending a trade show in Miami. The same was delivered to Florida to plaintiff who made 18 arrangements for shipping it to Puerto Rico. This does not constitute purposeful availment of the 19 Puerto Rico forum by defendant. More so, defendant does not do any business, market itself nor 20 advertise in Puerto Rico. 21 Plaintiff, in the complaint, alleges a breach of warranty and seeks contractual recision and 22 damages. Given that the sale and negotiations, as well as delivery took place in Florida, the breach 23 of the sales agreement (i.e. faulty equipment) likewise does not arise from any activities of 24 defendant in Puerto Rico. 25 Plaintiff s only claim of a contract to Puerto Rico is that approximately two months 26 following the sale of the equipment, defendant sent a technician to Puerto Rico to install the printer 27 which plaintiff itself brought to Puerto Rico. Plaintiff does not dispute that following this, it never 28 requested defendant to send a technician for diagnosis and repair. 1 2 3 Civil No. 11-1546 (GAG) 2 The above facts are not in dispute, as per the parties pleading (Docket Nos. 24 & 29). Thus, an evidentiary hearing is unnecessary. 4 IV. 5 For the reasons set forth above, the court DENIES Defendant s motion to dismiss at Docket 6 No. 24. The case is TRANSFERRED to the Southern District of Florida as per 28 U.S.C. § 1406. Conclusion 7 8 SO ORDERED. 9 In San Juan, Puerto Rico this 9th day of January, 2012. 10 s/ Gustavo A. Gelpí 11 GUSTAVO A. GELPI United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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