Cohen v. BMW Investments L.P.

Cohen v. BMW Investments L.P.

Plaintiff:	Richard B. Cohen
Defendant:	BMW Investments L.P.
Case Number:	1:2015cv03154
Filed:	April 22, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Denise L. Cote
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
December 11, 2015	Filing 40 MEMORANDUM OPINION AND ORDER.....Cohen's November 17, 2015 motion for reconsideration and reargument under Local Rule 6.3 is denied. (Signed by Judge Denise L. Cote on 12/10/2015) (gr)
October 30, 2015	Filing 28 OPINION AND ORDER: This dispute arises from a fraudulent scheme by Philip Teplen (Teplen) and Clifford Roth (Roth) in which Roth and Teplen defrauded Richard Cohen (Cohen) of approximately $2.5 million. Cohen filed this suit against BMW Investm ents, L.P. (BMW) seeking $300,000 that BMW had once deposited but later retrieved from Teplen. Cohen claims that he is entitled to the $300,000 that Teplen returned to BMW under claims of unjust enrichment or money had and received. BMW m oved to dismiss for lack of personal jurisdiction and for failure to state a claim. For the reasons that follow, BMWs motion to dismiss for lack of personal jurisdiction is denied. Its motion to dismiss for failure to state a claim, however, is gra nted. Teplen returned an amount of money to BMW that had originally belonged to BMW and that BMW had a right to recover. Cohen has not pleaded facts sufficient to support a claim that BMW was unjustly enriched by the return of an amount of money it had given to Teplen....BMWs August 11, 2015 motion to dismiss is granted. The Clerk of Court shall enter judgment for BMW and close the case. (Signed by Judge Denise L. Cote on 10/30/2015) (gr)

Date Filed

Document Text

December 11, 2015

Filing 40 MEMORANDUM OPINION AND ORDER.....Cohen's November 17, 2015 motion for reconsideration and reargument under Local Rule 6.3 is denied. (Signed by Judge Denise L. Cote on 12/10/2015) (gr)

October 30, 2015

Filing 28 OPINION AND ORDER: This dispute arises from a fraudulent scheme by Philip Teplen (Teplen) and Clifford Roth (Roth) in which Roth and Teplen defrauded Richard Cohen (Cohen) of approximately $2.5 million. Cohen filed this suit against BMW Investm ents, L.P. (BMW) seeking $300,000 that BMW had once deposited but later retrieved from Teplen. Cohen claims that he is entitled to the $300,000 that Teplen returned to BMW under claims of unjust enrichment or money had and received. BMW m oved to dismiss for lack of personal jurisdiction and for failure to state a claim. For the reasons that follow, BMWs motion to dismiss for lack of personal jurisdiction is denied. Its motion to dismiss for failure to state a claim, however, is gra nted. Teplen returned an amount of money to BMW that had originally belonged to BMW and that BMW had a right to recover. Cohen has not pleaded facts sufficient to support a claim that BMW was unjustly enriched by the return of an amount of money it had given to Teplen....BMWs August 11, 2015 motion to dismiss is granted. The Clerk of Court shall enter judgment for BMW and close the case. (Signed by Judge Denise L. Cote on 10/30/2015) (gr)

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Plaintiff: Richard B. Cohen
Represented By:	Jay B. Itkowitz
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Defendant: BMW Investments L.P.
Represented By:	Jason Daniel Gerstein
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