Commonwealth Electric Co., Midlands v. Clark Construction Gr.

Full title: COMMONWEALTH ELECTRIC COMPANY OF THE MIDLANDS vs. THE CLARK CONSTRUCTION…

Court: United States District Court, D. Nebraska

Date published: Oct 1, 2000

8:00CV182, 8:00CV183 (D. Neb. Oct. 1, 2000)

Opinion

8:00CV182, 8:00CV183

October, 2000

ORDER

JOSEPH F. BATAILLON, United States District Judge.

This matter comes before the Court on the defendants' motions to dismiss both companion cases pursuant to Rule 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure for lack of personal jurisdiction and improper venue (8:00CV182 filing 3; 8:00CV183 filing 2). The plaintiff has also filed a motion to submit a supplemental index of evidence (8:00CV182 filing 10). On September 1, 2000, the Court heard oral argument on the pending motions to dismiss. Following careful consideration of the motions, evidence, and oral arguments, the Court finds that subsections 11.b and 11.c of the Subcontract Agreements (see attachments marked as "Exhibit 1" to complaints) conclusively divest both subcontractors of a right to a determination of their claims in this forum. Accordingly, the Court shall grant both motions to dismiss for lack of personal jurisdiction.

IT IS HEREBY ORDERED:

The defendant's motion to dismiss case 8:00CV182 for lack of personal jurisdiction and improper venue (filing 3) is granted;

The defendant's motion to dismiss case 8:00CV183 for lack of personal jurisdiction and improper venue (filing 2) is granted; and

The plaintiff's motion to submit supplemental index of evidence in case number 8:00CV183 (filing 10) is granted.