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United States District Court for the Southern District of New York
August 3, 2012, Decided; August 3, 2012, Filed
11 Civ. 2444 (HB)
OPINION & ORDER
Hon. HAROLD BAER, JR., District Judge:
Plaintiff MWH International, Inc. ("MWH") brought this interpleader action pursuant to Federal Rule of Civil Procedure ("FRCP") 22 against defendants Energoprojekt Holding Company ("EP-Holding") and Energoprojekt hidroinzenjering co., ltd ("EP-Hidro") (collectively "Energo") and Inversora Murten S.A. ("Inversora"). MWH has since deposited the disputed funds with the Court and was dismissed from the case. Previously, I denied without prejudice a motion by Energo to dismiss the interpleader complaint and Inversora's answer, and I ordered limited discovery into the relationship among the Energo entities. See MWH Int'l, Inc. v. Inversora Murten S.A., 11 Civ. 2444(HB), 2012 U.S. Dist. LEXIS 314, 2012 WL 12886 (S.D.N.Y. Jan. 3, 2012). Familiarity [*2] with that Opinion will be assumed. Since that time, Inversora amended its answer and added a cross-claim against Energoprojekt Holding a.d. ("EP-Holding a.d."), identifying EP-Holding a.d. as the same entity as, or the successor-in-interest to, EP-Holding. None of the limited discovery has taken place, and I allowed Energo to file the present motion.
EP-Holding a.d. has filed a special appearance and moves to dismiss Inversora's cross-claim due to a lack of personal jurisdiction and inadequate service of process. Additionally, EP-Hidro renews its earlier motion to dismiss and raises the additional arguments that Inversora lacks the capacity to sue and failed to adequately allege EP-Hidro's successor liability for EP-Holding's debts. Finally, an Energo entity (it is unclear which one) argues that the original default judgment (the "1996 judgment") obtained by Inversora in the district court in New Jersey is void because the court there lacked personal jurisdiction over the defendant (it is also unclear to me whether the judgment debtor is EP-Holding or the subsidiary Energoprojekt Holding Guinee). This is all a long-winded way of saying that nothing has happened for seven months. I have [*3] struggled to find an issue that can be meaningfully resolved at this juncture. For the following reasons, and for the same reason as stated in my January Opinion, EP-Holding a.d.'s motion and EP-Hidro's renewed motion are DENIED without prejudice to renew. Let me emphasize, however, that I will consider renewed motions only after the parties can return to me with the ability to adequately address those issues I outline below.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2012 U.S. Dist. LEXIS 109210 *; 2012 WL 3155063
MWH INTERNATIONAL, INC., Plaintiff, -against- INVERSORA MURTEN S.A., ENERGOPROJEKT HOLDING COMPANY, and ENERGOPROJEKT HIDROINZENJERING CO., LTD, Defendants.
Subsequent History: Magistrate's recommendation at, Costs and fees proceeding at MWH Int'l, Inc. v. Inversora Murten, S.A., 2013 U.S. Dist. LEXIS 101335 (S.D.N.Y., July 16, 2013)
Prior History: MWH Int'l, Inc. v. Inversora Murten S.A., 2012 U.S. Dist. LEXIS 314 (S.D.N.Y., Jan. 3, 2012)
personal jurisdiction, discovery, cross-claim, entities, courts, interpleader action, allegations, limited discovery, alter-ego, quotation, long-arm, marks, interpleader, dissolved, parties, default judgment, motion to vacate, successor-in-interest, void
Civil Procedure, Pleadings, Interpleader, General Overview, Subject Matter Jurisdiction, Supplemental Jurisdiction, Same Case & Controversy, Crossclaims, Transactional Requirement, Joinder of Parties, Compulsory Joinder, Necessary Parties, In Rem & Personal Jurisdiction, In Personam Actions, Due Process, Jurisdiction, Jurisdictional Sources, Statutory Sources, Long Arm Jurisdiction, Service of Process, Methods of Service, Foreign Service, Doing Business, Purposeful Availment, Substantial Contacts, Discovery & Disclosure, Consent, Business & Corporate Law, Piercing the Corporate Veil, Alter Ego, Fraud & Misrepresentation, Evidence, Inferences & Presumptions, Inferences, Management Duties & Liabilities, Causes of Action, Judgments, Enforcement & Execution, Discovery of Assets, Dissolution & Receivership, Termination & Winding Up, Limited Survival, Corporate Formation, Corporate Existence, Powers & Purpose, Existence, Relief From Judgments, Grounds for Relief from Final Judgment, Order or Proceeding, Vacation of Judgments, Void Judgments, Pretrial Judgments, Default & Default Judgments, Relief From Default