Hamed v. Yusuf

58 V.I. 117, 2013 WL 1846506, 2013 V.I. LEXIS 25
CourtSuperior Court of The Virgin Islands
DecidedApril 25, 2013
DocketCivil No. SX-12-CV-370
StatusPublished
Cited by1 cases

This text of 58 V.I. 117 (Hamed v. Yusuf) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamed v. Yusuf, 58 V.I. 117, 2013 WL 1846506, 2013 V.I. LEXIS 25 (visuper 2013).

Opinion

BRADY, Judge

MEMORANDUM OPINION

(April 25, 2013)

THIS MATTER is before the Court on Plaintiff’s Emergency Motion and Memorandum to Renew Application for TRO (“Renewed Motion”), [120]*120filed January 9, 2013, renewing his September 18, 2012 Motion for a Temporary Restraining Order and/or a Preliminary Injunction. Hearing on the Renewed Motion was held on January 25, 2013 and continued on January 31, 2013. Having reviewed the Renewed Motion, evidence and argument of counsel presented at the hearing, along with the voluminous filings of the parties in support of and in opposition to the Renewed Motion, this matter has been converted to that of a Preliminary Injunction pursuant to Fed. R. Civ. P. 65(a). Upon review of the record, the Court herein makes findings of fact and conclusions of law, pursuant to Fed. R. Civ. P. 52(a)(2), and GRANTS Plaintiff’s Renewed Motion.

JURISDICTION

This Court has jurisdiction over this matter pursuant to 4 V.I. Code § 76(a), which grants the Superior Court “original jurisdiction in all civil actions regardless of the amount in controversy.” Likewise, under 5 V.I. Code § 1261, courts of record are empowered to “declare rights, status, and other legal relations whether or not further relief is or could be claimed____The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.” A request for injunctive relief is addressed to the sound discretion of the Court. Shire US Inc. v. Barr Laboratories, Inc., 329 F.3d 348, 352 (3d Cir. 2003). This Court may grant equitable (i.e. injunctive) relief as Plaintiff seeks in his Renewed Motion to enforce a partner’s rights regarding partnership profits and management and conduct of the partnership business pursuant to 26 V.I. CODE § 75(b).

STANDARD

The Court must consider four factors when reviewing a motion for preliminary injunction: (1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably injured by the denial of the relief; (3) whether granting preliminary relief will result in even greater harm to the nonmoving party; and (4) whether granting the preliminary relief will be in the public interest. Petrus v. Queen Charlotte Hotel Corp., 56 V.I. 548, 554 (2012), citing lies v. de Jongh, 638 F.3d 169, 55 V.I. 1251, 1256 (3d Cir. 2011), (quoting McTernan v. City of New York, 577 F. 3d 521, 526 (3d Cir. 2009).

[121]*121STATEMENT OF ISSUES

By his Verified Complaint, Plaintiff alleges that Defendants, acting personally and through authorized agents, committed several unilateral acts in contravention of the partnership relationship between Plaintiff and Defendant Fathi Yusuf (“Yusuf’) and established understandings and agreements among the parties. Plaintiff avers that those acts threaten the businesses and his interests in the businesses established by the partnership as a result of those agreements. Accordingly, Plaintiff demands injunctive and declaratory relief to determine the status of the parties’ relationships and the framework under which they must conduct their business operations in light of those relationships. Upon review of the parties’ case and controversy, submissions and presented evidence, the Court makes the following findings of fact.

FINDINGS OF FACT

1. Plaintiff and Defendant Yusuf have a longstanding friendship and familial history which preceded their business relationship. January 25, 2013 Evidentiary Hearing Transcript, at 196-198, herein after Tr. 196-198, Jan. 25, 2013.

2. In 1979, Fathi Yusuf incorporated United Corporation (“United”)in the U.S. Virgin Islands. Defendants’ Evidentiary Hearing Exhibit, no. 7, hereinafter Def. Ex. 7.

3. United subsequently began construction on a shopping center located at Estate Sion Farm, St. Croix. Thereafter, Defendant Yusuf desired and made plans to build a supermarket within the shopping center. Plaintiff’s Evidentiary Hearing Exhibit, no. 1 (Transcript, February2,2000 Oral Deposition of Fathi Yusuf: Idheilehv. United Corp. and Yusuf, Case No. 156/1997, Territorial Court of the Virgin Islands, Div. St. Thomas and St. John), at 8, lines 1 -14; hereinafter Pl. Ex. 1, p. 8:1-14.1

4. Subsequently, Yusuf encountered financial difficulty in completing construction of the shopping center and opening the supermarket, was unable to procure sufficient bank loans, and told Plaintiff Mohammad Hamed (“Hamed”) that he was unable to finance the [122]*122completion of the project. At Yusufs request, Hamed provided funding to Yusuf’s project from proceeds of Hamed’s grocery business. PI. Ex. 1, p. 14:4-15:14.

5. Flamed provided Yusuf with monies to facilitate completion of construction on the shopping center and to facilitate opening the Plaza Extra supermarket in Estate SionFarm, St. Croix. Tr. 197:5-199:13, Jan. 25, 2013.

6. Upon Yusuf’s request, Hamed sold his two grocery stores to work exclusively as a part of Plaza Extra. Tr. 200:4-15, Jan. 25, 2013.

I. Hamed contributed to Yusuf’s project funds as they were available to him, including the entire proceeds from the sale of his two grocery stores, with the agreement that he and Yusuf would each be a 50% partner in the Plaza Extra Supermarket, “in the winning or loss.” Tr. 200:16-23, Jan. 25, 2013.

8. Hamed initially became a 25 % partner of Yusuf, along with Yusuf’s two nephews who each also had a 25% interest in the Plaza Extra Supermarket business. Pl. Ex. 1, p. 15:2-14.

9. Yusuf sought additional bank financing to complete the construction of the building for the Plaza Extra business, which loan application was eventually denied, as a result of which Yusuf’s two nephews requested to have their funds returned and to leave the partnership. Pl. Ex. 1, p. 17:6-24.

10. With the withdrawal of Yusuf’s nephews, the two remaining partners of the Plaza Extra Supermarket business were Hamed and Yusuf. Notwithstanding the financing problems, Hamed determined to remain with the business, having contributed a total of $400,000 in exchange for a 50% ownership interest in the business. Pl. Ex. 1. p. 17:24-19:10.

II. Yusuf and Hamed were the only partners in Plaza Extra by the time in 1986 when the supermarket opened for business and Hamed has remained a partner since that time Pl. Ex. 28.2

[123]*12312. As a partner in the Plaza Extra Supermarket business, Hamed was entitled to fifty (50%) percent of the profit and liable for fifty (50%) of the “payable” as well as loss of his contribution to the initial start-up funds. Tr. 44:12-21; 200:16-23; 206:23-25, Jan. 25,2013; Pl. Ex. 1, p. 18:16-23; p. 23:18-25.

13.

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Cite This Page — Counsel Stack

Bluebook (online)
58 V.I. 117, 2013 WL 1846506, 2013 V.I. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamed-v-yusuf-visuper-2013.