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Evergreen Int'l Airlines, Inc. v. Anchorage Advisors, LLC

United States District Court for the District of Oregon

July 9, 2012, Decided; July 9, 2012, Filed

3:11-CV-1416-PK

Opinion

FINDINGS AND RECOMMENDATION

PAPAK, Magistrate Judge:

Plaintiff Evergreen International Airlines, Inc. ("Evergreen"), filed this action against defendants Anchorage Advisors, LLC, Anchorage Capital Group, LLC, and Nexgen Aviation Capital, LLC,1 on November 22, 2011. Evergreen alleges defendants' liability for intentional interference with economic relations and for unjust enrichment arising out of defendants' purchase of three aircraft from Air France that Evergreen had been seeking to purchase or lease, through one or more intervening third-party purchasers, in its own behalf. This court has subject-matter jurisdiction over Evergreen's  [*2] claims pursuant to 28 U.S.C. § 1332, based on the complete diversity of the parties and the amount in controversy.

Now before the court is defendants' motion (#15) to dismiss under Federal Civil Procedure Rule 12(b)(2) for lack of personal jurisdiction or, alternatively, under Federal Civil Procedure Rule 12(b)(6) for failure to state a claim. I have considered the motion, oral argument on behalf of the parties, and all of the pleadings and papers on file. For the reasons set forth below, to the extent defendants seek dismissal of Evergreen's claims for lack of personal jurisdiction, their motion should be denied, and to the extent defendants seek dismissal of Evergreen's claims pursuant to Rule 12(b)(6), for failure to state a claim on which relief can be granted, defendants motion should be denied as to Evergreen's claim for intentional interference with economic relations and granted as to Evergreen's claim for unjust enrichment. Evergreen's unjust enrichment claim should be dismissed without prejudice.

LEGAL STANDARDS

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2012 U.S. Dist. LEXIS 118737 *; 2012 WL 3637551

EVERGREEN INTERNATIONAL AIRLINES, INC., Plaintiff, v. ANCHORAGE ADVISORS, LLC, ANCHORAGE CAPITAL GROUP, LLC, and NEXGEN AVIATION CAPITAL, LLC, Defendants.

Subsequent History: Adopted by, Claim dismissed by Evergreen Int'l Airlines, Inc. v. Anchorage Advisors, LLC, 2012 U.S. Dist. LEXIS 118735 (D. Or., Aug. 20, 2012)

Motion denied by, As moot, Motion granted by Evergreen Int'l Airlines, Inc. v. Anchorage Advisors, LLC, 2014 U.S. Dist. LEXIS 50773 (D. Or., Apr. 11, 2014)

CORE TERMS

Air, aircraft, personal jurisdiction, allegations, deposit, contracts, defendants', intentional interference, unjust enrichment, forum state, lease, motion to dismiss, economic relations, effects, lack of personal jurisdiction, prong, intentionally, resident, aimed, failure to state a claim, purchase price, Federal Civil Procedure Rule, negotiations, purchasing, improper means, Recommendation, purposefully, nonresident, obligations, third-party