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Bartman v. L'Officiel USA Inc.

Existence of Enforceable Contract Not Pleaded; Complaint Internally Inconsistent

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MEMORANDUM OPINION AND ORDER Plaintiff Erica Bartman commenced this action against Defendants L’Officiel USA Inc., Global Emerging Markets North America Inc. (“GEM”), and Jalou Publishing, Inc., asserting claims for breach of contract; violations of the New York Labor Law (“NYLL”); and unjust enrichment/quantum meruit. Before the Court is Defendants’ motion to dismiss. For the reasons that follow, the motion is granted, albeit with leave to amend. BACKGROUND The Court draws the following facts from Plaintiff’s Complaint, as well as from a draft document entitled “Employment Agreement,” which the Court deems to be incorporated into her Complaint by reference, in her possession, and/or relied upon by her in bringing suit. See Pl.’s Aff. in Support of Motion for Default Judgment (“Default Judgment Aff.”) 9 & Ex. A; Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir. 1993). Plaintiff is a “well-regarded and experienced entrepreneur and media executive” in the business of publishing, business and/or revenue development, journalism, advertising, and branding. Compl.

15, 23. Defendants are three media groups that “jointly and/or severally” own a fashion magazine named L’Officiel USA, as well as related digital platforms. Id.

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