APL Co. Pte. Ltd. v. UK Aerosols Ltd., Inc.

Good Law
452 F. Supp. 2d 939·2006 WL 2726201·2006 A.M.C. 1680·2006 U.S. Dist. LEXIS 46132
United States District Court, Northern District of CaliforniaJuly 7, 2006C 05-0646 MHPCalifornia2,841 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Motion to Dismiss

On February 11, 2005 plaintiff APL Co. Pte. Ltd. (“APL”) brought this action under federal maritime law, 28 U.S.C. section 1333 , for breach of contract and negligence against defendants UK Aerosols Ltd. (“UKA”), U.G. Co., Inc. (“UG”), and Kam-dar Global, LLC (“Kamdar”). On February 28, 2006 plaintiff amended its complaint to add Imp-Ex Solutions, LLC (“Imp-Ex”) as a co-defendant. Now before the court is Imp-Ex’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiff APL is a Singapore corporation with its principal place of business in Singapore. APL is qualified to do business in California. Defendant UKA is an English company with its principal place of business in England. Defendant UG is a California company with its principal place of business in California. Defendant Kamdar is an Illinois limited liability company with its principal place of business in California. Lastly, defendant Imp-Ex is a Delaware limited liability company with its principal place of…

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