Tommy Lee Handbags Manufacturing Ltd. v. 1948 Corporation, Stone & Co. et al
| Tommy Lee Handbags Manufacturing Ltd. |
| 1948 Corporation, Stone & Co., Stone Mountain Accesories, Inc., Stone Mountain USA,LLC and Stone Mountain USA Corp |
| 1:2012cv03638 |
| May 8, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Debra C. Freeman |
| Andrew L. Carter |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
61
ORDER AND OPINION re: 35 MOTION to Dismiss Notice of Motion filed by Stone Mountain USA Corp, Stone Mountain USA,LLC, 31 MOTION to Dismiss filed by Kenneth Orr, 38 MOTION to Dismiss filed by Rosenthal & Rosenthal, Inc.: Lastly, I will br iefly address Stone II's contention that the revival of claims in the Third Amended Complaint is evidence of harassment. Tommy Lee apparently dismissed the complaint against Stone II in order to secure payment for one of the outstanding shipment s. While unorthodox, renaming a previously-dismissed defendant is not improper. Stone II Companies could easily have avoided this situation by requiring dismissal of the charges with prejudice. As it stands, the case may proceed against Stone II as s et forth in this Order. In summary, the Motions to Dismiss (Dkt. Nos. 31, 35, 38) are adjudicated as follows: Orr's motion to dismiss the alter ego claim is DENIED; Stone II's (SMU LLC and SMU Corp.) motion to dismiss the alter ego claim is GRANTED; SMU Corp.'s motion to dismiss successor liability claims is DENIED and Tommy Lee may proceed with discovery on de facto merger, mere continuation and fraud theories; SMU LLC' s motion to dismiss the successor liability claims is G RANTED IN PART and DENIED IN PART and Tommy Lee may proceed with discovery on the mere continuation and fraud theories; The motions to dismiss the fraudulent conveyance claims (Claims 3 and 4) are DENIED; The motions to dismiss the antitrust claims (Claim 5) are GRANTED. (Signed by Judge Andrew L. Carter, Jr on 9/9/2013) (tn)
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