Ever-Gotesco Resources & Holdings, Inc. v. PriceSmart, Inc.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

WHELAN, District Judge.

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;…