Banco De Mexico v. Orient Fisheries, Inc.

MEMORANDUM & ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION & BACKGROUND

Orient Fisheries, Inc. dba OFI Makesa International (“OFI”) is an American business engaged primarily in the importation of seafood, including Mexican shrimp, for resale to its wholesale customers. (See PL’s Mot. Summ. J., Statement of Genuine Issues (“SGI”) ¶ 6.) OFI has been involved in the importation of shrimp from Mexico since at least 1995.(/d)

A, The OFI/Habaire Connection

To further its business interests in Mexico, OFI designated Habaire, S.A. de C.V. (“Habaire”) as its local agent and assigned one of its employees, Raul Gutierrez (“Gutierrez”), to act as OFI’s local liaison in Mexico. {Id. ¶¶ 9, 17.) Under a general power of attorney executed by OFI, Gutierrez was given the authority, on OFI’s behalf, to initiate lawsuits, to institute other collection activities, and to conduct other administrative acts in connection with Habaire’s dealings with Mexican fishermen. {Id. ¶ 14; Pl.’s Exs. Opp’n Def.’s Mot. Summ. J., Ex. 14.) In 2002, to consolidate its Mexican operations, OFI entered into a written agreement with Habaire…