Coty, Inc. v. L'Oreal, S.A.

Coty, Inc. v. L'Oreal, S.A.

Plaintiff:	Coty, Inc.
Defendant:	L'Oreal, S.A.
Case Number:	1:2007cv06206
Filed:	July 3, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Unassigned
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	None

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Date Filed	Document Text
February 4, 2008	Filing 18 OPINION AND ORDER #95694: re: 9 MOTION to Dismiss filed by L'Oreal, S.A. The 4/6/2007 Order confirmed KPMG's conclusion that Plaintiff's elimination of the RMB 44,810,000 intercompany payable and inflation of the "Total Stockhol ders Equity" of the YSK Companies, "shift[ed] the burden from the YSK Companies to [Defendant]." 11. Thus, the Court implied that the burden of the intercompany payable fell upon the YSK Companies. The Court's holding today rein forces that implication. If any entity must pay to Plaintiff the RMB 44,810,00, then it is the responsibility of the YSK Companies. Defendant is neither contractually nor equitably liable for RMB 44,810,000. Therefore, Defendant's motion to d ismiss [Docket Entry 9] is granted. The Court finds that it has personal jurisdiction over Defendant. The Court finds that this action is not precluded by the previous arbitral awards or Court decisions. The Court dismisses Plaintiff's claims of unjust enrichment, conversion, and breach of contract. The Court declines, however to ward to Defendant attorneys' fees and costs. The Clerk of Court is therefore directed to close this case; any pending motions are moot. (Signed by Judge Kimba M. Wood on 2/1/2008) (jar)

Date Filed

Document Text

February 4, 2008

Filing 18 OPINION AND ORDER #95694: re: 9 MOTION to Dismiss filed by L'Oreal, S.A. The 4/6/2007 Order confirmed KPMG's conclusion that Plaintiff's elimination of the RMB 44,810,000 intercompany payable and inflation of the "Total Stockhol ders Equity" of the YSK Companies, "shift[ed] the burden from the YSK Companies to [Defendant]." 11. Thus, the Court implied that the burden of the intercompany payable fell upon the YSK Companies. The Court's holding today rein forces that implication. If any entity must pay to Plaintiff the RMB 44,810,00, then it is the responsibility of the YSK Companies. Defendant is neither contractually nor equitably liable for RMB 44,810,000. Therefore, Defendant's motion to d ismiss [Docket Entry 9] is granted. The Court finds that it has personal jurisdiction over Defendant. The Court finds that this action is not precluded by the previous arbitral awards or Court decisions. The Court dismisses Plaintiff's claims of unjust enrichment, conversion, and breach of contract. The Court declines, however to ward to Defendant attorneys' fees and costs. The Clerk of Court is therefore directed to close this case; any pending motions are moot. (Signed by Judge Kimba M. Wood on 2/1/2008) (jar)

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Plaintiff: Coty, Inc.
Represented By:	Daniel Eric Shaw
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Defendant: L'Oreal, S.A.
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