P.T. Dayup Indo v. IMEX Industries Inc., Steve Hong, Andrew Hong
Published: May 30, 2015 | Result Date: Jan. 5, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-03984-DMG-SH Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Ivan L. Tjoe
(Rimon Law)
Defendant
Ekwan E. Rhow
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.)
Michael G. Freedman
(The Freedman Firm)
Facts
P.T. Dayup Indo sued IMEX Industries Inc., Steve Hong and Andrew Hong relating to an alleged breach of contract.
Contentions
PLAINTIFF'S CONTENTIONS:
DayupKorea had a 20 plus year's business arrangement with IMEX Industries Inc. to produce sports gloves. Dayup owned a subsidiary, Dayup Indo, which owned and operated a factory in Indonesia that produced the gloves. Following financial difficulties, power of attorney over the Indo factory was transferred to another party. Dayup thereafter alleged that Indo breached an agreement. Indo sued IMEX, Steve Hong and Andrew Hong, both officers of IMEX, demanding payment for gloves delivered. Dayup told IMEX that the monies claimed by Indo rightfully belonged to Dayup and demanded it not pay Indo.
DEFENDANTS' CONTENTIONS:
IMEX, Steve Hong and Andrew Hong moved to dismiss the complaint for failure to join Dayup as an indispensable party. It argued there was an implied trilateral agreement between IMEX, Dayup and Indo.
Result
The court determined that Dayup was an indispensable party and granted defendants' motion to dismiss without prejudice for lack of jurisdiction.
Other Information
FILING DATE: May 23, 2014.
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