Big Island Yacht Sales, Inc. v. Dowty

ORDER DENYING PLAINTIFF’S ORDER TO SHOW CAUSE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS COMPLAINT, ALTERNATIVELY, MOTION TO TRANSFER VENUE, AND REQUEST FOR STAY

KAY, Chief Judge.

I. BACKGROUND

On August 8, 1991, Defendant Dowty (Dowty) entered into an “Exclusive Sale and Listing Agreement” with Plaintiff, wherein Plaintiff would seek to obtain a party to buy Dowty’s fishing vessel, the “Chiripa.” Subsequently, Dowty decided to sell not only the fishing vessel but also all of the stock in Chiripa Sport Fishing, Inc., Dowty’s wholly owned corporation. In April 1992,…