Dowge International Development, LTD. v. Louise Paris, Ltd.

District Court, S.D. New York

Dowge International Development, LTD. v. Louise Paris, Ltd.

Trial Court Opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : DOWGE INTERNATIONAL DEVELOPMENT, LTD., : : Plaintiff, : : 22 Civ. 7880 (JPC) (RFT) -v- : : ORDER LOUISE PARIS, LTD. d/b/a ME JANE, : : Defendant. : : ---------------------------------------------------------------------- X

JOHN P. CRONAN, United States District Judge:

On July 25, 2024, Plaintiff Dowge International Development, Ltd. moved for a default judgment against Defendant Louise Paris, Ltd. d/b/a Me Jane. Dkts. 69, 70 (“Motion”). In its Motion, Plaintiff states that the total balance of the fifty-two invoices it delivered to Defendant is $2,972,253.96. Motion at 6-7. Plaintiff’s Motion further states that “Defendant has made several minimal payments in a total of $65,555.56” and therefore continues to owe $2,906,698.40 on the invoices. Id. at 14. And regarding pre-judgment interest, Plaintiff requests interest pursuant to

N.Y. C.P.L.R. § 5004

starting on November 4, 2021, which Plaintiff states is “15 days (the grace period dictated in the invoices) from the most recent invoice involved in this case.”

Id. at 15

. After having reviewed Plaintiff’s submissions in support of its Motion, the Court orders Plaintiff to file with the Court a supplemental memorandum, supported if needed by further affidavits and documents, addressing the following issues: 1. Whether the “total” amount of the invoices stated as $2,972,253.96 in Exhibit B to the Declaration of Chuyin Qian, Dkt. 71, Exh. B at 4, is an accurate sum of the line items listed in Exhibit B and the amounts reflected on the invoices in Exhibit A. 2. Whether certain of the invoices provided in Exhibit A that are addressed to entities other than Louise Paris, Ltd. itself are attributable to Defendant. See, e.g., Dkt. 71, Exh. A at 45 (invoice addressed to “TJX Australia Pty Limited”’);

id. at 46

(invoice addressed to “Winners Merchants International”). 3. Whether Plaintiffs claimed damages should be offset by Defendant’s payment of $101,000.28 on June 1, 2022, see Dkt. 4 § 25, and by the $110,000 payment referred to in Plaintiff's letter dated May 21, 2024, see Dkt. 53. 4. Whether Plaintiffs request that pre-judgment interest begin to run from November 4, 2021, a date after the most recent invoice at issue, complies with

N.Y. C.P.L.R. § 5001

(b)’s requirement that “[w]here [] damages were incurred at various times, interest shall be computed upon each item from the date it was incurred or upon all of the damages from a single reasonable intermediate date.” 5. Whether Plaintiffs account stated claim is duplicative of its breach of contract claim. See, e.g., Pro. Merch. Advance Cap., LLC v. C Care Servs., LLC, No. 13 Civ. 6562 (RJS),

2015 WL 4392081

, at *6 (S.D.N.Y. July 15, 2015). Plaintiff shall file tts supplemental memorandum and any supporting materials on or before October 7, 2024 SO ORDERED. Vihar Dated: October 3, 2024 eof CB New York, New York JOHN P. CRONAN United States District Judge

Reference

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