Filed: Jan. 17, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1127 DTEX LLC, Plaintiff - Appellant, versus BBVA BANCOMER, S.A. INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (7:04-cv-02273-GRA) Argued: November 29, 2006 Decided: January 17, 2007 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirm
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1127 DTEX LLC, Plaintiff - Appellant, versus BBVA BANCOMER, S.A. INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (7:04-cv-02273-GRA) Argued: November 29, 2006 Decided: January 17, 2007 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirme..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1127
DTEX LLC,
Plaintiff - Appellant,
versus
BBVA BANCOMER, S.A. INSTITUCION DE BANCA
MULTIPLE, GRUPO FINANCIERO,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (7:04-cv-02273-GRA)
Argued: November 29, 2006 Decided: January 17, 2007
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
ARGUED: Kevin Augustus Dunlap, PARKER, POE, ADAMS & BERNSTEIN,
L.L.P., Spartanburg, South Carolina, for Appellant. Frank Langston
Eppes, EPPES & PLUMBLEE, P.A., Greenville, South Carolina, for
Appellee. ON BRIEF: I. Faison Hicks, PARKER, POE, ADAMS &
BERNSTEIN, L.L.P., Charlotte, North Carolina, for Appellant.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Plaintiff Dtex, LLC (Plaintiff), a South Carolina Corporation,
brought the present civil action against defendant BBVA Bancomer,
S.A. (Defendant), a foreign financial institution headquartered in
Mexico, in the United States District Court for the District of
South Carolina. Plaintiff’s action seeks damages under South
Carolina common law and treble damages under the Racketeer
Influenced and Corrupt Organization Act (RICO), 18 U.S.C. §§ 1961-
1968. The gravamen of Plaintiff’s complaint is that Defendant
engaged in a course of criminal and corrupt practices to prevent
Plaintiff from obtaining possession of certain equipment that
Plaintiff had purchased in Mexico.
Of relevance on appeal, Defendant moved, pursuant to Federal
Rule of Civil Procedure 12(b)(2), to dismiss Plaintiff’s state law
claims for lack of personal jurisdiction and moved, pursuant to
Rule 12(b)(6), to dismiss Plaintiff’s RICO claims for failure to
state a claim upon which relief can be granted. After allowing
Plaintiff to amend its complaint and submit a RICO case statement,
which case statement the district court treated as further amending
the complaint, and after considering the legal memoranda submitted
and oral arguments presented by the parties, the district court
granted both motions in a comprehensive and exhaustive opinion.
Dtex, LLC v. BBVA Bancomer, S.A.,
405 F. Supp. 2d 639 (D.S.C. Dec.
20, 2005).
- 2 -
Having thoroughly reviewed the district court’s excellent
opinion and the parties’ briefs and submissions on appeal, and
having heard oral argument in this case, we conclude that the
district court did not err in granting Rule 12(b)(2) dismissal of
Plaintiff’s state law claims, nor did it err in granting Rule
12(b)(6) dismissal of Plaintiff’s RICO claims. We, therefore,
affirm on the reasoning of the district court. Dtex, LLC, 405 F.
Supp. 2d at 643-52.
AFFIRMED
- 3 -