Sungchang Interfashion Co., Ltd. v. Stone Mountain Accessories, Inc. et al
| Sungchang Interfashion Co., Ltd. |
| Stone Mountain Accessories, Inc., Stone Mountain USA LLC, Stone Mountain USA Corp., Kenneth R. Orr, Charles Atanasio, Rosenthal & Rosenthal, Inc. and John Does, 1-100 |
| 1:2012cv07280 |
| September 27, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| James C. Francis |
| Andrew L. Carter |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
51
ORDER AND OPINION: In summary, the Motions to Dismiss (Dkt. Nos. 23, 26, 31, 337) are adjudicated as follows: Orr's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; Orr's motion to dismiss the conspiracy to commit fraudulent conveyance claim (Count V)is DENIED; Orr's motion to dismiss the fraud claim (Count IX) is GRANTED; Orr's motion to dismiss the promissory estoppel claim (Count X) is GRANTED; Orr's motion to dismiss the unjust enrichment claim (Count XI) is GRANTED. Atanasio's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is GRANTED; Atanasio's motion to dismiss the conspiracy to commit fraudulent conveyance claim(Count V) is GRANTED; Atanasio's moti on to dismiss the unjust enrichment claim (Count XI) is GRANTED; and the Amended Complaint against Atanasio is dismissed in its entirety. New SMA's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; New SMA's motion to dismiss the conspiracy to commit fraudulent conveyance claim(Count V) is DENIED; New SMA's motion to dismiss the successor liability claim (Count VIII) is GRANTED in part and DENIED in part;o Sung Chang may proceed with discovery on de facto merger, mere continuation and fraud theories against SMU Corp.;o Sung Chang may proceed with discovery on the mere continuation and fraud theories against SMU LLC; New SMA's motion to dismiss the unjust enrichment claim (Count XI) is DENIED. R& R's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; R&R's motion to dismiss the conspiracy to commit fraudulent conveyance claim (Count V) is DENIED; R&R's motion to dismiss the unjust enrichment claim (Count XI) is DENIED; R&R's motion to strike the demand for punitive damages is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 9/25/2013) (js) Modified on 9/25/2013 (js).
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