Use this button to switch between dark and light mode.

Share your feedback on this Case Opinion Preview

Thank You For Submiting Feedback!

Experience a New Era in Legal Research with Free Access to Lexis+

  • Case Opinion

Austin Env't Corp. v. Margarita Express, LLC

Austin Env't Corp. v. Margarita Express, LLC

United States District Court for the Southern District of New York

May 5, 2022, Decided; May 6, 2022, Filed

21 Civ. 4385 (PED)

Opinion

MEMORANDUM AND ORDER

PAUL E. DAVISON, U.S.M.J.:

This Memorandum and Order addresses three separate motions. Defendant Margarita Express, LLC ("Margarita") and Angel E. Perez-Reynoso ("Mr. Perez-Reynoso" and together with Margarita, the "Margarita Defendants"), move to transfer this action to the Middle District of Pennsylvania. Cross-defendant Valley Truck Center, Inc. ("Defendant Valley") moves to dismiss for lack of jurisdiction, or, alternatively, to transfer this action to the Middle District of Pennsylvania. Finally, Plaintiff Austin Environmental Corp. ("Austin" or "Plaintiff") cross-moves to amend its Complaint. The motions have been fully briefed. Oral argument was held on April [*2]  20, 2022.

For the reasons stated below, the motion filed by the Margarita Defendants is DENIED, Defendant Valley's motion is GRANTED, and Austin's cross-motion is GRANTED.

I. BACKGROUND1

A. The Accident

The backdrop to this action is a single vehicle accident in Pennsylvania. On or around June 15, 2018, Mr. Perez-Reynoso was driving a tractor that was owned by Margarita. Attached to that tractor was a trailer owned by Austin, Margarita was allowed to use Austin's trailers pursuant to an Equipment Lease agreement (the "Agreement") that the parties entered into on February 27, 2018. While Mr. Perez-Reynoso was driving, one of the tires on Margarita's tractor spontaneously blew out, which resulted in an accident. Defendant Valley was contracted to clear the accident from the highway. Defendant Valley then stored the damaged tractor and the trailer until it received payment from Margarita and Austin.

B. The Pennsylvania Action

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2022 U.S. Dist. LEXIS 82606 *; 2022 WL 1443356

AUSTIN ENVIRONMENTAL CORP., Plaintiff, - against - MARGARITA EXPRESS, LLC, ANGEL E. PEREZ-REYNOSO, VALLEY TRUCK CENTER, INC., Defendants.

CORE TERMS

witnesses, personal jurisdiction, amend, forum shopping, convenience, parties, resides, weighs, locus, indemnification clause, operative fact, negotiated, tractor, futile, transaction of business, general jurisdiction, interest of justice, documents, non-party, quotation, trailer, favors, cases, marks, motion to dismiss, choice of forum, crossclaim, accorded, litigate, argues