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Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: SteveF who wrote (5201)	2/18/2011 1:44:57 PM
From: scion	Respond to of 53574

Yes. A new complaint is to be filed. The primary cause of action alleged in the complaint is breach of contract (Docs. 1 and 16). Both parties in their pleadings, motions, and responses have cited Florida law (Docs. 1, 9, 10, 16, and 25). This is appropriate regarding the dispute on personal jurisdiction as Federal Rule of Civil Procedure 4(k)(1)(A) requires that the Court apply the law of the state in which the Court sits. However, the parties have not indicated to the Court that they have waived the choiceof-law provision in their contract which requires this Court to apply Nevada substantive law unless the parties consent otherwise (Doc. 10, ¶ 14), [...] Defendant’s motion to dismiss (Doc. 10) is denied as moot because there will be an amended complaint pled.