Asante Technologies, Inc. v. PMC-Sierra, Inc.

ORDER DENYING MOTION TO REMAND AND REQUEST FOR ATTORNEYS’ FEES

I. INTRODUCTION

This lawsuit arises out of a dispute involving the sale of electronic components. Plaintiff, Asante Technologies Inc., filed the action in the Superior Court for the State of California, Santa Clara County, on February 13, 2001. Defendant, PMC-Sierra, Inc., removed the action to this Court, asserting federal question jurisdiction pursuant to 28 U.S.C. section 1331 . Specifically, Defendant asserts that Plaintiffs claims for breach of contract and breach of express warranty are governed by the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). Plaintiff disputes jurisdiction and filed this Motion To Remand And For Attorneys’ Fees. The Court conducted a hearing on June 18, 2001. Based upon the submitted papers and oral arguments of the parties, the Court DENIES the motion to remand and the associated request for attorneys’ fees.

II. BACKGROUND

The Complaint in this action alleges claims based in tort and contract. Plaintiff contends that Defendant failed to provide it with electronic components meeting certain designated technical specifications. Defendant timely…