Minnie Rose LLC v. Yu

ADDITIONAL CASES Elva Clothing (HK) Co., Ltd., a/k/a Elva Green Clothing Company Ltd, Third-Party Plaintiff v. Lisa Shaller Goldberg and John Does 1-10, Third-Party Defendants OPINION & ORDER Minnie Rose, LLC, a New York clothing retailer and fashion brand, brings this action against Anna Yu, Elva Green Clothing Company Ltd. (“Elva Green”), and John Does 1-10, alleging fraudulent misrepresentation and unjust enrichment. Pending before the Court is Minnie Rose’s motion for sanctions pursuant to Federal Rule of Civil Procedure (“FRCP”) 37(e)(2). For the reasons set forth below, the motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND¹ A. The Dispute The Court assumes familiarity with the facts as previously set forth in its March 11, 2016 Order denying Defendants’ motion to dismiss. Doc. 18. The Court will summarize only the facts necessary to resolve this motion. Minnie Rose is a New York corporation that designs, manufactures, and sells women’s contemporary clothing. 1. In 2009, Minnie Rose engaged Elva Green, a Hong Kong-based corporation, through its officer, Anna Yu, to become Minnie Rose’s primary overseas sourcing agent.

1-2, 12. In that capacity, Defendants selected factories to manufacture Minnie Rose’s clothing, supervise production, negotiate prices, and coordinate Minnie Rose’s payment of the factories’ invoices.