Universal Trading & Investment Co., Inc. v. Tymoshenko

Justia Dockets & Filings Second Circuit New York Southern District Universal Trading & Investment Co., Inc. v. Tymoshenko

Universal Trading & Investment Co., Inc. v. Tymoshenko

Plaintiff:	Universal Trading & Investment Co., Inc.
Defendant:	Yulia Tymoshenko
Case Number:	1:2011cv07877
Filed:	November 4, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Paul A. Crotty
Nature of Suit:	Contract: Recovery/Enforcement
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Both

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Date Filed	Document Text
April 10, 2013	Filing 37 OPINION & ORDER: The Court has reviewed all of Universal Trading's arguments and finds most of them to be without merit. They consist largely of requests to plead previously available evidence, arguments relying on preexisting legal authority, a nd attempts to relitigate matters upon which this Court has already ruled. None of these provide valid grounds for reconsideration, but rather attempts to " be afforded two bites at the apple." Nevertheless, Universal Trading also argues t hat it should be allowed to amend its Complaint in connection to its Racketeer Influenced and Corrupt Organizations Act ("RICO") claim. Because both the parties and the Court previously focused on whether there was personal jurisdiction ba sed on Universal Trading's assertion that "[t]his Court has subject matter jurisdiction over the parties because of the diversity of citizenship" (Compl. at 6), neither party provided detailed analysis of, nor did the Court address, wh ether there was personal jurisdiction based on Universal Trading's federal cause of action. Universal Trading should not be precluded from presenting such an argument now. Accordingly, Universal Trading's motion to amend its complaint, &q uot;including possibly adding... New York agents as co-defendants, [which] may cure any defects of asserting jurisdiction under [RICO]" is GRANTED. (Pl.'s Br. at 11.) Only amendments related to its RICO cause of action will be allowed, howe ver, and its motion is DENIED in all other respects. Once an amended complaint has been filed, Tymoshenko may again move to dismiss the amended complaint without first seeking leave of the Court. The Clerk of Court is directed to reopen this matter and to terminate the motion at docket number 32. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/10/2013) (rsh)
December 12, 2012	Filing 28 OPINION AND ORDER: Tymoshenko's motion to dismiss the complaint for lack o f personal jurisdiction is GRANTED. The Clerk of Court is directed to enter judgment and to terminate this case. (Signed by Judge Paul A. Crotty on 12/12/2012) (js)

Date Filed

Document Text

April 10, 2013

Filing 37 OPINION & ORDER: The Court has reviewed all of Universal Trading's arguments and finds most of them to be without merit. They consist largely of requests to plead previously available evidence, arguments relying on preexisting legal authority, a nd attempts to relitigate matters upon which this Court has already ruled. None of these provide valid grounds for reconsideration, but rather attempts to " be afforded two bites at the apple." Nevertheless, Universal Trading also argues t hat it should be allowed to amend its Complaint in connection to its Racketeer Influenced and Corrupt Organizations Act ("RICO") claim. Because both the parties and the Court previously focused on whether there was personal jurisdiction ba sed on Universal Trading's assertion that "[t]his Court has subject matter jurisdiction over the parties because of the diversity of citizenship" (Compl. at 6), neither party provided detailed analysis of, nor did the Court address, wh ether there was personal jurisdiction based on Universal Trading's federal cause of action. Universal Trading should not be precluded from presenting such an argument now. Accordingly, Universal Trading's motion to amend its complaint, &q uot;including possibly adding... New York agents as co-defendants, [which] may cure any defects of asserting jurisdiction under [RICO]" is GRANTED. (Pl.'s Br. at 11.) Only amendments related to its RICO cause of action will be allowed, howe ver, and its motion is DENIED in all other respects. Once an amended complaint has been filed, Tymoshenko may again move to dismiss the amended complaint without first seeking leave of the Court. The Clerk of Court is directed to reopen this matter and to terminate the motion at docket number 32. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/10/2013) (rsh)

December 12, 2012

Filing 28 OPINION AND ORDER: Tymoshenko's motion to dismiss the complaint for lack o f personal jurisdiction is GRANTED. The Clerk of Court is directed to enter judgment and to terminate this case. (Signed by Judge Paul A. Crotty on 12/12/2012) (js)

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Defendant: Yulia Tymoshenko
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Plaintiff: Universal Trading & Investment Co., Inc.
Represented By:	Peter Alan Joseph
Represented By:	George Lambert
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