Belmora LLC v. Midway Importing, Inc., No. 1:2018cv00599 - Document 19 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER denying 6 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Liam O'Grady on 7/26/2018. (See order for further details). (acha, )

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Belmora LLC v. Midway Importing, Inc. Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division BELMORALLC, Plaintiff, V. Civil Action No. 1:18-cv-599 MIDWAY IMPORTING,INC., Hon. Liam O'Grady Defendant. MEMORANDUM OPINION & ORDER This matter comes before the Court on Defendant's Motion to Dismiss for Lack of Jurisdiction (Dkt. 6). The Court considered the pleadings and the record in the case, and determined that oral argument would not assist its resolution of the matter. I. BACKGROUND Plaintiff Belmora LLC("Belmora")is a pharmaceutical company incorporated in Virginia, selling over-the-counter health care products. Dkt. 12 at 4. Defendant Midway Importing, Inc.("Midway")is a Texas company which purchased products from Belmora. Dkt.6 at 1. On April 6,2018, Belmora commenced a civil action in Virginia Circuit Court against Midway,asserting breach of contract and unjust enrichment due to Midway's failure to pay for certain purchases between January 18, 2018 and February 12, 2018. See Dkt. 1 at 2-10. Belmora seeks $580,932,26 in damages. Id. at 12. On May 18, 2018, Midway removed the case to this Court and subsequently filed this Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(2), asserting lack of personal jurisdiction. Dockets.Justia.com

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