Fu Da International Ltd. v. Kohl's Department Stores, Inc.
Plaintiff: Fu Da International Ltd.
Defendant: Kohl's Department Stores, Inc.
Case Number: 1:2008cv05164
Filed: June 5, 2008
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Harold Baer
Nature of Suit: Plaintiff
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

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Date Filed Document Text
January 21, 2009 Opinion or Order Filing 16 OPINION AND ORDER #96979: On January 12, 2009, while Kohls motion was sub judice, Kohls submitted to this Court a copy of the decision of the Hon. Richard B. Lowe, III, a Justice of the Supreme Court of the State of New York, County of New York, in t he matter of Bijou International Corp. v. Kohls Department Stores, Inc., Index No. 601765/2008 (filed Dec. 24, 2008). In Bijou, the court dismissed the plaintiffs complaint due to the forum selection clauses in Kohls Terms and Conditions, which, as h ere, were incorporated by reference in the parties vendor support agreement, and in the EDI Agreement. However, in that decision Justice Lowe does not address the question of whether the Terms and Conditions, or the forum selection clause therein, ap peared on Kohl's' website at the time of the execution of the vendor support agreement; rather, he found that the EDI Agreement was applicable to his case, here it is not. Therefore, for the foregoing reasons, this Court reaches a different conclusion from that reached in Bijou. Therefore, for the foregoing reasons, Kohl's' motion to dismiss is DENIED. IT IS SO ORDERED. (Signed by Judge Harold Baer on 1/21/2009) (jmi) Modified on 1/22/2009 (mro).
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Plaintiff: Fu Da International Ltd.
Represented By: Jed Richard Schlacter
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Defendant: Kohl's Department Stores, Inc.
Represented By: Christopher Robert Invidiata
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