Nanjing CIC Int'l Co. Ltd. v. Schwartz

Only Fraud, Breach Claims Dismissed; Issues Exist on When Chinese Firm Knew of Damages

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DECISION AND ORDER INTRODUCTION Plaintiff Nanjing CIC International Co., Ltd. (“Plaintiff”) commenced the instant action on December 3, 2020, asserting claims of breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, breach of fiduciary duty, and unjust enrichment against defendants Foundry Associates, Inc. (“Foundry”) and its president James Schwartz (“Schwartz”) (collectively “Defendants”). (Dkt. 1; see Dkt. 18-1 at 1). Currently pending before the Court are: (1) a motion for summary judgment filed by Defendants (Dkt. 18); and (2) a cross-motion for leave to amend filed by Plaintiff (Dkt. 29). For the reasons set forth below, the Court grants in part and denies in part Defendants’ motion for summary judgment and denies Plaintiff’s cross-motion for leave to amend. FACTUAL BACKGROUND The following facts are taken from the complaint (Dkt. 1), Defendants’ Statement of Material Facts submitted in support of their motion for summary judgment (Dkt. 21), Plaintiff’s response thereto (Dkt. 30), and the exhibits submitted by the parties. The Court has noted relevant factual disputes. Foundry is a New York corporation with its principal place of business in this District. (Dkt. 21 at 1; Dkt. 30 at 1). It is undisputed that Foundry “designs, engineers, and sells metal castings, as well as machined parts and various other products.” (Dkt. 21 at 2; Dkt. 30 at 2). However, Plaintiff maintains that in its relationship with Foundry, “Foundry had a limited role in the design and engineering of the parts [Plaintiff] sold to its customers…. Instead, [Plaintiff] worked directly with the customer to design and engineer the [products]….” (Dkt. 30 at 2). Foundry represents that it has approximately 40 to 45 regular customers and approximately 250 occasional customers, all of whom are based in the United States. (Dkt. 21 at

3-4). Plaintiff does not controvert these representations but contends that it lacks information to respond to them due to a lack of discovery. (Dkt. 30 at

Nanjing CIC Int'l Co. Ltd. v. Schwartz

Only Fraud, Breach Claims Dismissed; Issues Exist on When Chinese Firm Knew of Damages

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