Gorazde v. Taf Trade, Inc., No. 2:2022cv02087 - Document 30 (W.D. Ark. 2023)
Court Description: OPINION AND ORDER that 15 Motion to Dismiss is MOOT IN PART AND GRANTED IN PART, and GINEX is directed to file an amended complaint by no later than 4/13/2023. Signed by Honorable Timothy L. Brooks on March 30, 2023. (tg)
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Gorazde v. Taf Trade, Inc. Doc. 30 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION UNIS "GINEX" D.D. GORAZDE V. PLAINTIFF CASE NO. 2:22-CV-2087 TAF TRADE, INC. DEFENDANT OPINION AND ORDER This is a breach of contract case filed by Plaintiff UNIS "GINEX" d.d. Gorazde ("GINEX") against Defendant TAF Trade, Inc. Currently before the court is TAF Trade's Motion to Dismiss (Doc. 15) pursuant to Federal Rules of Civil Procedure 12(b)(2) and (b)(5). 1 TAF Trade filed a Brief in Support of its Motion (Doc 16), and GINEX filed a Response in Opposition (Doc. 26). On February 28, 2023, the Court heard oral argument on the Motion and took its ruling under advisement. According to the three-page Complaint, GINEX is a company organized under the laws of Bosnia and Herzegovina and doing business in the state of Arkansas. TAF Trade is a corporation organized under the laws of the state of New York and doing business in the state of Arkansas. It is alleged that during the time period relevant to the Complaint, TAF Trade maintained its principal place of business in Van Buren, Arkansas. GINEX manufactures chemicals for use in the ammunition industry, including percussion primers for small and large ammunition. The Complaint states that "[i]n 2013, TAF Trade's Motion also cites to Rule 12(b)(4); however, since the objection to service goes to the manner, method, or lack of service, and not the form of process or content of the summons, the Court believes the request for dismissal is under Rule 12(b)(5) rather than (b)(4). See 58 Wright & Miller, Federal Practice and Procedure: Civil 3d ยง 1353 (3d ed. 2004). 1 1 Dockets.Justia.com
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