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S.S. Dweck & Sons, Inc. v. Hasbani

United States District Court, Second Circuit

July 27, 2013

S.S. DWECK & SONS, INC., Plaintiff,
v.
JAMIL HASBANI, ULTIMATE HOME TEXTILES INC., JAMIL HASBANI DOING BUSINESS AS BEST VALUE WHOLESALE, PROCUISINE USA INC. AND DOES 1-10, Defendants.

THE LAW FIRM OF JEFFREY S. DWECK, P.C., Jeffrey S. Dweck, Esq., New York, New York, ROBINSON BROG LEINWAND GREEN GENOVESE & GLUCK, P.C. Nicholas Raymond Caputo, Esq., New York, New York, SHEARMAN & STERLING LLP Nicholas Maurice Menasche, Esq., New York, New York, Attorneys for Plaintiff S.S. DWECK & SONS, INC.

THE LAW OFFICE OF SHELDON EISENBERGER Sheldon Eisenberger, Esq., New York, New York, Attorneys for Defendants JAMIL HASBANI et al.

OPINION

ROBERT W. SWEET, District Judge.

Plaintiff S.S. Dweck & Sons, Inc. ("Plaintiff" or "S.S. Dweck") notified the Court via letter of a discovery dispute that had arisen between Plaintiff and Defendants Jamil Hasbani, Ultimate Home Textiles Inc., Jamil Hasbani doing business as Best Value Wholesale, and Procuisine USA Inc. (collectively, the "Defendants"), concerning Defendants' failure to produce material documents and to allow an inspection of the goods at issue. Plaintiff's letter was treated as a motion to compel.

Independently, Defendant filed an objection to the filing of Plaintiff's Amended Complaint pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure.

For the foregoing reasons, Plaintiff's motion to compel is granted, and Defendants' objection to the untimely filing of the Amended Complaint is denied.

I. PRIOR PROCEEDINGS

Plaintiff filed this lawsuit on August 27, 2012, and filed an Amended Complaint on June 10, 2013, for injunctive relief and damages arising out of claims of trademark counterfeiting, trademark infringement, false designation of origin and unfair competition, trade dress infringement under the Trademark Act of 1946, 15 U.S.C. ยง 1051, et. seq., as amended by the Trademark Counterfeiting Act of 1984, copyright infringement under the copyright laws of the United States, 17 U.S.C. 101, et. seq., and unfair competition, conversion, goods sold and delivered, theft of trade secrets, unjust enrichment, palming off, and breach of fiduciary duty under the statutes and common law of the State of New York.

On April 30, 2013, Defendants voluntarily withdrew their motion to dismiss, and on May 20, 2013, Defendants answered Plaintiff's original Complaint.

On May 2, 2013, this Court ordered Fact Discovery due on September 9, 2013, and Expert Discovery and motions due on October 9, 2013. A final pre-trial conference and trial is set for October 28, 2013.

On June 13, 2013, Plaintiff submitted a letter to the Court requesting that the Court compel Defendants' compliance with certain outstanding discovery requests. This motion was marked fully submitted on July 3, 2013.

On June 27, Defendants filed an objection to Plaintiff's filing of the Amended Complaint.

II. BACKGROUND

S.S. Dweck, a family owned importer of linens, tiles and domestics, brings this action against its former employee and minority shareholder, for allegedly entering the company warehouse and stealing over $400, 000 in inventory, which Defendant Hasbani later claimed Plaintiff sold him for the purpose of a new venture. Plaintiff further alleges that upon stealing the inventory in question, Defendants secretly sold, without the authorization of S.S. Dweck, goods bearing the trademark, trade dress and artwork of S.S. Dweck, including UPC codes, law labels ...


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