Interpage Co., Inc. v. Roshen USA Corp. et al

Filing 45

MEMORANDUM AND ORDER: For the reasons stated at oral argument and summarized in this Memorandum and Order, defendants' motion to compel arbitration is granted, plaintiff's motion for a preliminary injunction is denied, defendants' motion for attorney's fees and costs is denied, and the case is dismissed without prejudice. Forwarded for judgment. Ordered by Senior Judge Frederic Block on 3/16/2011. (Chee, Alvin)

ORIGINAL
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------)( INTERPAGE co., INC., Plaintiff, -againstROSHEN USA CORP., A V DELICIOUS FOODS, INC., and KONDITERSKA KORPORATZIA "ROSHEN," Defendants. -------------------------------------------------------)( MEMORANDUM AND ORDER Case No. 10-CV-2475 (FB) (VVP)

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Appearances: For the Plaintiff: CHARLES H. KNULL LINDA MARIE DOUGHERTY Ullman, Shapiro & Ullman, LLP 299 Broadway, Suite 1700 New York, NY 10007
BLOCK, Senior District Judge:

For the Defendants: STEVEN J. MANDELSBERG Hahn & Hessen 488 Madison Avenue New York, NY 10022

For the reasons stated at oral argument and summarized below, defendants' motion to compel arbitration is granted, plaintiff's motion for a preliminary injunction is denied, defendants' motion for attorney's fees and costs is denied, and the case is dismissed without prejudice. 1. Defendants' motion to compel arbitration is granted as to all claims because

plaintiff's claims against defendant Konditerska Korporatzia "Roshen" ("Roshen Ukraine") fall within the broad arbitration clause in their contract, and plaintiff's claims against Roshen USA Corp. and A V Delicious Foods, Inc. (the "US defendants") are sufficiently intertwined with that contract to require plaintiff to pursue those claims in arbitration. See

Ragone v. Atlantic Video at Manhattan Ctr., 595 F.3d 115, 126-27 (2d Cir. 2010) ("[A]
non-signatory to an arbitration agreement may compel a signatory to that agreement to arbitrate a dispute where a careful review of the relationship among the parties, the contracts they signed, and the issues that had arisen among them discloses that the issues the nonsignatory is seeking to resolve in arbitration are intertwined with the agreement that the estopped party has signed.") (internal quotation marks and alterations omitted). Accordingly, plaintiff's motion for a preliminary injunction is denied and the case is dismissed without prejudice. 2. Defendants' motion for attorney's fees and costs is denied because the Court

finds that plaintiff's motion for a preliminary injunction was not brought in bad fai tho See

Patsy's Brand, Inc. V. LO.B. Realty, Inc., 317 F.3d 209, 221 (2d Cir. 2003) (requiring a showing
of bad faith to award attorney's fees and costs under § 1117(a)); Schlaifer Nance & Co.
V.

Estate ofWarhol, 194 F.3d 323, 336 (2d Cir. 1999) (requiring a showing of bad faith to award
attorney's fees and costs under § 1927 and a court's inherent power).
II

SO ORDERED.

s/ Judge Frederic Block
...... ,

FREDERIC BLOCK Senior United States District Judge Brooklyn, New York March 16, 2011

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