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Kalimantano GmbH v. Motion in Time, Inc.

United States District Court for the Southern District of New York

April 12, 2013, Decided; April 12, 2013, Filed

12 Civ. 6969 (PAE)

Opinion

 [*399]  OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

Plaintiffs Kalimantano GmbH ("Kalimantano"), Tofik Davidoff ("Davidoff"), Konstantin Felde ("Felde"), and Johannes Schwegler ("Schwegler") (collectively, "Plaintiffs") bring suit against defendants Motion in Time, Inc. ("MIT"), Eddie Shamayev ("Eddie"), Michael Shamayev  [**2] ("Michael"), Boris Shamayev ("Boris"), and David Shamayev ("David") (collectively, "Defendants"), alleging violations of the Racketeer Influenced and Corrupt Organizations Act of 1970 ("RICO"), 18 U.S.C. §§ 1961 et seq., and New York statutory and common law. Defendants move to dismiss the Amended Complaint, under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. For the reasons that follow, the Court grants in part and denies in part Defendants' motion.

I. Background1

Kalimantano is a German company based near Frankfurt am Main, Germany ("Frankfurt"). Am. Compl. ¶ 1. Since its founding in 2001, Kalimantano's principal business has been selling wholesale foodstuffs to customers within  [**3] Germany. Id. Davidoff, one of Kalimantano's operating managers and principals, helped Kalimantano purchase luxury watches, and in so doing became acquainted with Defendants. Id. ¶¶ 2, 39.

MIT is a New York-based corporation founded in 2004. MIT's principal business is selling, buying, and reselling jewelry and watches, particularly luxury brands. MIT interacts with customers via its New York City store, its website www.motionintime.com, and direct email advertisements and solicitations. Id. ¶ 5.

The Amended Complaint refers to three transactions, in which, it is alleged, MIT deceived buyers of expensive watches. The Court addresses these transactions in chronological order.

A. The Tuleshov Transaction

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939 F. Supp. 2d 392 *; 2013 U.S. Dist. LEXIS 53309 **; 2013 WL 1499408

KALIMANTANO GMBH, et al., Plaintiffs, -v- MOTION IN TIME, INC., et al, Defendants.

CORE TERMS

amended complaint, watch, allegations, continuity, Plaintiffs', fraudulent, Defendants', predicate act, enterprise, open-ended, motion to dismiss, Transactions, pleadings, damages, racketeering activity, website, defamation, emails, breach of contract, criminal activity, closed-ended, defamatory, customers, mail, wire fraud, conversion, parties, trading, pled, wire