Pricesmart
Ever-Gotesco Resources & Holdings, Inc. v. PriceSmart, Inc.
Opinion
Opinion
Whelan, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
On January 14, 2002 Defendant PriceS-mart, Inc. (“PriceSmart”) moved to dismiss this action on five separate grounds: (1) lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; (2) failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; (3) absence of an indispensable party pursuant to Rule 12(b)(7) of the Federal Rules of Civil Procedure; (4) principles of abstention due to a pending parallel foreign action; and (5) forum non conveniens. Plaintiffs Ever-Gotesco Resources and Holdings, Inc. (“Ever-Gotesco”) and PriceSmart Trading Philippines, Inc. (“PSTP”) timely opposed. All parties are represented by counsel. After reviewing the papers submitted by the parties and the applicable law, the Court GRANTS Defendant’s motion to dismiss.
I. BACKGROUND
Plaintiff Ever-Gotesco is a major Philippines retailer operating several malls and supermarkets. Defendant PriceSmart operates stores in Asia, the Caribbean, and Central America based on the PriceSmart membership merchandising concept. This concept gives customers the right to…