Chieftain's dealings with Lone Star and were substantially involved with and interested in all of Chieftain's business. Therefore, Messrs. Leibel and Jahn transacted substantial business through purchases of materials, some of which were delivered to Chieftain in Buffalo, New York. Item 9 at 4 and Ex. D.
Further support of the individual defendants' affiliation with New York is found in the underlying sales agreement, signed by defendant Jahn, which contains a New York choice-of-law provision. See Burger King Corp., 471 U.S. at 482. Chieftain also made payments in New York; and immediately prior to the signing of the guarantees in question, the individual defendants engaged in a months-long series of communications with Lone Star's New York office concerning a payment schedule. Item 9 at 4 and Ex. F. Although the guarantees do not specify a place of payment, the defendants were aware that all of the underlying then-owing and prospective payments were due in New York.
For all of the reasons stated, defendants enjoyed sufficient due process warning that they "should reasonably anticipate being haled into court there [in New York]." Worldwide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 62 L. Ed. 2d 490, 100 S. Ct. 559 (1980). Thus, this court may assert personal jurisdiction over the individual defendants. Accordingly, the motion of the individual defendants to dismiss the complaint as to them for lack of personal jurisdiction must fail. Plaintiff next seeks judgment for (1) that portion of the principal balance owed by Chieftain for which the documents produced by defendants admit liability; (2) finance charges or prejudgment interest on that sum in accordance with Lone Star's regularly prevailing credit terms; and (3) plaintiff's attorney fees, as provided in the personal guarantees of Messrs. Leibel and Jahn.
Previously, this court granted plaintiff partial summary judgment on the question of Chieftain's liability. Specifically, judgment was entered against the corporate defendant Chieftain in the amount of $ 270,085.25 plus prejudgment interest of $ 50,754.32, for a total of $ 320,839.57. Item 14. The individual defendants, Messrs. Leibel and Jahn, admit signing personal guarantees for the debts of Chieftain owed to Lone Star. There being no denial of this sum, or any evidence remaining of any disputed material fact or principle of law, partial summary judgment is granted in favor of plaintiff against Messrs. Leibel and Jahn according to their signed guarantees. Fed. R. Civ. P. 56(c). See generally Adickes v. S.H. Kress & Co., 398 U.S. 144, 26 L. Ed. 2d 142, 90 S. Ct. 1598 (1970); Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 467, 7 L. Ed. 2d 458, 82 S. Ct. 486 (1962). Therefore, by the terms of the personal guarantees and this court's prior order (Item 14), an award of attorneys' fees to plaintiff for the costs of this collection in addition to any further increase in prejudgment interest must be forthcoming.
Accordingly, it is ordered that defendants' motion to dismiss for lack of personal jurisdiction is denied. Partial summary judgment is granted in favor of plaintiff pursuant to the unlimited personal guarantees executed by the individual defendants. Plaintiff is directed to prepare an affidavit setting forth the total amount requested, including any additional prejudgment interest, and the amount of attorneys' fees arising from this collection action against the corporate and individual defendants.
It appears that there still remains some question as to whether or not plaintiff is entitled to recover an additional principal balance in the sum of some $ 199,302.31, together with interest. If plaintiff believes that it is entitled to this additional amount, explanation shall be set forth in the affidavit to be filed. Defendant shall be given an opportunity to respond.
JOHN T. CURTIN
United States District Judge
Dated: July 9, 1992
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