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HERBSTEIN v. BRUETMAN

June 28, 1991

DIEGO J. HERBSTEIN, PLAINTIFF,
v.
MARTIN E. BRUETMAN, HIGH TECH MEDICAL PARKS DEVELOPMENT CORP., RONALD TASH, DOUGLAS KEILL, MAURICIO AGUDELO AND ALTA TECNOLOGIA MEDICA, S.A., DEFENDANTS.



The opinion of the court was delivered by: Sweet, District Judge.

OPINION

Defendant Alta Tecnologia Medica S.A. ("Altec-2") has moved pursuant to Rule 12(b)(2), Fed.R.Civ.P., for an order dismissing the complaint in this RICO action for lack of personal jurisdiction. For the reasons set forth below, the motion is denied.

The Parties

Plaintiff Diego Herbstein ("Herbstein"), a medical doctor, is a citizen of Argentina but currently a permanent United States resident domiciled in the State of New York. Herbstein is an officer, director, and 50% shareholder in Imagenes Por Computacion ("IxC"). He is also listed as a director and 8% shareholder of Altec-2.

Altec-2 is an Argentine corporation with its headquarters in Buenos Aires, Argentina engaged in the development of diagnostic centers in Argentina and other countries in South America.

Defendant Martin Bruetman ("Bruetman"), a medical doctor, is a citizen and a resident of Illinois. He is a member of the board of directors of Altec-2. He is president and chief executive officer of IxC and also serves as chairman of its board of directors.

Defendant High Tech Medical Parks Development Corp. ("High Tech") is an Illinois corporation with its principal place of business in Illinois. High Tech specializes in the scientific and technical advising of medical establishments. It also owns 49% of Altec stock.

Defendant Ronald Tash ("Tash") is a citizen of Illinois and is a 12.25% shareholder in High Tech. Tash also serves as secretary and legal counsel for High Tech.

Defendant Douglas Kiell is a citizen of Connecticut, and at all relevant times, owned 12.25% of High Tech stock. Until January 1989, he was the president and chief financial officer of High Tech.

The defendants are referred to collectively as the "Bruetman Defendants."

Prior Proceedings

In 1989, Herbstein initiated a civil suit in Argentina against Bruetman and Amerigo Pescio ("Pescio"). At approximately the same time, Bruetman brought a suit on behalf of himself and IxC, requesting an investigation of several people, including Herbstein. The proceedings in the above action are set forth in this court's opinion of July 11, 1990 (the "Opinion").

On October 16, 1989, Herbstein filed his complaint in the Southern District of New York seeking damages for fraud racketeering, conversion, and breach of fiduciary duty. On January 17, 1990, the Bruetman Defendants filed a motion to dismiss Herbstein's case on the grounds of comity or forum non conveniens, or alternatively, to stay the case until the resolution of the proceedings in Argentina. The Opinion of July 11, 1990 denied the motion.

In an order of October 30, 1990, the court dismissed the action without prejudice for failure to prosecute. On November 1, 1990, the court issued an order ...


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