Opinion
21-CV-4320 (JGK)
06-25-2021
SOBEL NETWORK SHIPPING CO., INC., Plaintiff, v. SHORES GLOBAL, LLC AND SHORES EUROPE APS, Defendants.
AXS LAW GROUP, PLLC 2121 N.W. 2nd Avenue, Counsel for Defendant Shores Global, LLC
AXS LAW GROUP, PLLC 2121 N.W. 2nd Avenue, Counsel for Defendant Shores Global, LLC
ORDER
JOHN G. KOELTL, DISTRICT JUDGE
The parties should submit a Rule 26(f) Report by July 29, 2021
SO ORDERED.
ANSWER Shores Global, LLC ("Shores Global") answers and asserts affirmative defenses to Plaintiff Sobel Network Shipping Co. Inc.'s ("Plaintiff or "Sobel") Complaint.
ANSWER PARTIES, JURISDICTION, AND VENUE
1. Admitted that Sobel's principal place of business is located in New York. Shores Global is without sufficient knowledge to admit or deny Sobei's place of incorporation and therefore denies the same. Likewise, Shores Global is without sufficient knowledge to admit or deny that Sobel is a licensed Customs Broker and Freight Forwarder, and therefore denies the same.
2. Admitted.
3. Admitted.
4. Admitted that this Court has subject matter jurisdiction, otherwise denied.
5. Shores Global admits that a document identified as "Terms and Conditions of Service" is attached to Plaintiffs Complaint as Exhibit B, which speaks for itself, and denies the remaining allegations in this paragraph.
6. Denied.
7. Shores Global admits that a document identified as "Terms and Conditions of Service" is attached to Plaintiffs Complaint as Exhibit B, which speaks for itself, and denies the remaining allegations in this paragraph.
8. Denied.
FACTUAL ALLEGATIONS
9. Shores Global admits that a document identified as "Sobel/Shores Global-SAS business agreement" is attached to Plaintiffs Complaint as Exhibit A, which speaks for itself, and denies the remaining allegations in this paragraph.
10. Denied.
11. Denied.
12. Denied.
13. Denied.
14. Denied.
15. Shores Global admits that certain documents identified as "Power of Attorney" and "Terms and Conditions of Service" are attached to Plaintiff s Complaint as Exhibit B, which speak for themselves, and denies the remaining allegations in this paragraph.
16. Denied.
17. Shores Global asserts that the document identified as "Terms and Conditions of Service" speaks for itself, and denies the remaining allegations in this paragraph.
18. Shores Global asserts that the document identified as "Terms and Conditions of Service" speaks for itself, and denies the remaining allegations in this paragraph.
19. Shores Global asserts that the document identified as "Terms and Conditions of Service" speaks for itself, and denies the remaining allegations in this paragraph.
20. Shores Global asserts that the document identified as "Terms and Conditions of Service" speaks for itself, and denies the remaining allegations in this paragraph.
21. Denied.
22. Denied.
23. Denied.
24. Denied.
25. Denied.
COUNT I BREACH OF CONTRACT Shores Global
26. Shores Globa's responses to paragraphs 1 -25 are hereby incorporated by reference.
27. Shores Global asserts that both the "Terms and Conditions of Service" and the "Sobel/Shores Global-SAS business agreement" speak for themselves, and denies the remaining allegations in this paragraph.
28. Denied.
29. Denied.
30. Denied.
COUNT II BREACH OF CONTRACT
Shores Europe
31. Shores Global's responses to paragraphs 1 -25 are hereby incorporated by reference.
32. This cause of action is not alleged against Shores Global, and therefore, no response is required. If a response is required, Shores Global is without sufficient knowledge to admit or deny the allegations in Paragraph 32 and therefore denies them.
33. This cause of action is not alleged against Shores Global, and therefore, no response is required. If a response is required, Shores Global is without sufficient knowledge to admit or deny the allegations in Paragraph 33 and therefore denies them.
34. This cause of action is not alleged against Shores Global, and therefore, no response is required. If a response is required, Shores Global is without sufficient knowledge to admit or deny the allegations in Paragraph 34 and therefore denies them.
3 5. This cause of action is not alleged against Shores Global, and therefore, no response is required. If a response is required, Shores Global is without sufficient knowledge to admit or deny the allegations in Paragraph 35 and therefore denies them.
COUNT III ACCOUNTS STATED
All Defendants
36. Shores Global's responses to paragraphs 1-25 are hereby incorporated by reference.
37. Shores Global asserts that both the "Terms and Conditions of Service" and the "Sobel/Shores Global-SAS business agreement" speak for themselves, and denies the remaining allegations in this paragraph.
38. Denied.
39. Denied.
40. Denied.
41. Denied.
COUNT IV DECLARATORY JUDGMENT
All Defendants
42. Shores Global's responses to paragraphs 1-25 are hereby incorporated by reference.
43. The allegations in paragraph 43 consist solely of legal conclusions, which are denied.
44. Shores Global asserts that the document identified as "Terms and Conditions of Service" speaks for itself, and denies the remaining allegations in this paragraph.
45. Denied.
46. Denied.
47. Denied.
AFFIRMATIVE DEFENSES
First Affirmative Defense
Shores Global's alleged failure, if any, to perform obligations under the "Terms and Conditions of Service" between the parties is the result of Plaintiff s prior breach of the "Terms and Conditions of Service" thereby relieving Shores Global of any obligation of continued performance.
Second Affirmative Defense
Any claim for damages that Plaintiff has alleged should be set off and/or reduced as a result of damages Shores Global has suffered due to Plaintiffs breach of the Terms and Conditions of Service.
Third Affirmative Defense
The Court lacks personal jurisdiction over Shores Global, which is a Florida limited liability company and does not transact business in New York.
Fourth Affirmative Defense
Plaintiff is barred from pursuing its claim for breach of the "Sobel/Shores Global-SAS business agreement" in the Southern District of New York because venue is improper.
Fifth Affirmative Defense
Shores Global's alleged failure, if any, to perform obligations under the "Sobel/Shores Global-SAS business agreement" between the parties is the result of Plaintiff s prior breach of the "Sobel/Shores Global-SAS business agreement" thereby relieving Shores Global of any obligation of continued performance.
Sixth Affirmative Defense
Plaintiffs claims are barred by the doctrine of unclean hands, Seventh Affirmative Defense
Plaintiff is estopped from pursuing its claims against Shores Global by reason of Plaintiff s own actions and course of conduct.
Eighth Affirmative Defense
Plaintiff has failed to state a claim for breach of contract upon which relief can be granted.
Ninth Affirmative Defense
Plaintiffs claims are barred under the doctrines of waiver, acquiescence, and laches. WHEREFORE, having fully responded to Plaintiffs Complaint, Shores Global requests that this Court enter judgment in its favor together with interest, attorneys' fees, and costs.