Weinstein v. Cardis Enters. Int'l N.V.

284 F. Supp. 3d 240
CourtDistrict Court, E.D. New York
DecidedSeptember 30, 2017
DocketCase No. 16–CV–2661 (SFJ)(SIL)
StatusPublished
Cited by1 cases

This text of 284 F. Supp. 3d 240 (Weinstein v. Cardis Enters. Int'l N.V.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weinstein v. Cardis Enters. Int'l N.V., 284 F. Supp. 3d 240 (E.D.N.Y. 2017).

Opinion

FEUERSTEIN, J., Senior District Judge *243I. Introduction

On May 25, 2016, Plaintiff Dvora Weinstein ("Plaintiff") commenced this action against Defendants Cardis Enterprises International N.V. ("Cardis NV"), Cardis Enterprises International (U.S.A.) ("Cardis USA", and collectively with Cardis NV, the "Cardis Entities"), Chosen Israel Group, LLC ("Chosen", and collectively with the Cardis Entities, the "Corporate Defendants"); Aaron David Fischman ("Fischman"); Avi Tokayer ("Tokayer"); Steven Brown ("Brown"); and Lawrence Katz ("Katz") (Fischman, Tokayer, Brown, and Katz collectively as "Individual Defendants"), alleging violations of: (1) section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 promulgated thereunder, as to all Defendants ("First Cause of Action"); and (2) Section 20(a) of the Exchange Act, as to the Individual Defendants ("Second Cause of Action"); as well as common law claims for (3) fraud as to all Defendants ("Third Cause of Action"); (4) fraud in the inducement as to all Defendants ("Fourth Cause of Action"); (5) equitable fraud as to all Defendants ("Fifth Cause of Action"); (6) conversion as to all Defendants ("Sixth Cause of Action"); (7) accounting as to Fischman and Katz only ("Seventh Cause of Action"); (8) unjust enrichment as to all Defendants ("Eighth Cause of Action"); and (9) breach of fiduciary duty as to the Individual Defendants ("Ninth Cause of Action"). (See generally Pl.'s Second Amended Complaint ("SAC"), ECF No. 99.) Further, she seeks punitive damages. (See id. at 45-46.) On October 14, 2016, Brown filed a motion to dismiss the complaint1 in its entirety pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (hereafter, "Brown's Dismissal Motion" (ECF No. 46).) On October 19, 2016, Cardis USA, Choshen, Fischman, and Katz filed a joint motion to dismiss2 pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure requesting all counts of the complaint be dismissed (hereafter, "Cardis USA Dismissal Motion" (ECF No. 51) ). On April 14, 2017, Cardis NV and Tokayer filed a joint motion to dismiss3 pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, adopting the arguments advance in the Cardis USA Dismissal Motion and seeking the same relief (hereafter, "Cardis NV Dismissal Motion" (ECF No. 88) ). The Dismissal Motions were referred to Magistrate Judge Steven I Locke. (See Docket Entry dated 10/17/2016 (re: Brown Dismissal Motion); Docket Entry dated 01/23/2017 (re: Cardis USA Dismissal Motion); Docket Entry dated 04/19/2017 (re: Cardis NV Dismissal Motion).)

Now before the Court is Magistrate Judge Locke's Report and Recommendation, dated August 3, 2017, that (1) the Brown Dismissal Motion be granted, and all causes of action be dismissed as to Brown; (2) the Cardis USA Dismissal Motion *244to Dismiss be granted as to Katz and all causes of action be dismissed as to him, but as to Cardis USA, Choshen, and Fischman, it be granted in part and denied in part recommending that the Second, Sixth, Seventh, Eighth, and Ninth Causes of Action be dismissed, but that the First, Third, Fourth, and Fifth Causes of Action remain; and (3) the Cardis NV Dismissal Motion be granted as to Tokayer and all causes of action be dismissed as against him, but granted in part and denied in part as to Cardis NV so that the Second, Sixth, Seventh, Eighth, and Ninth Causes of Action be dismissed, but the First, Third, Four, and Fifth Causes of Action remain, (See Report and Recommendation ("Report") at 31-32 (ECF No. 105).) Plaintiff filed a letter objecting to the Report, (See ECF No, 106; hereafter, the "Objection".) The Defendants filed a joint response to Plaintiff's Objection. (See ECF No. 110; hereafter, "Response".) After considering the Plaintiff's Objection and the Defendant's Response, and for the reasons that follow, the Court adopts the Report, as modified, in its entirety.

II. Report and Recommendation Standard of Review

Rule 72 of the Federal Rules of Civil Procedure permits a magistrate judge to conduct proceedings of dispositive pretrial matters without the consent of the parties. See FED. R. CIV. P. 72(b). Any portion of a report and recommendation on dispositive matters to which a timely objection has been made is reviewed de novo. See 28 U.S.C. § 636(b)(1) ; FED. R. CIV. P. 72(b). However, "when a party makes only conclusory or general objections, or simply reiterates the original arguments, the Court will review the report strictly for clear error." Frankel v. City of N.Y., Nos. 06-cv-5450, 07-cv-3436, 2009 WL 465645, at *2 (S.D.N.Y. Feb. 25, 2009) ; see also Butto v. Collecto, Inc., 290 F.R.D. 372, 379 (E.D.N.Y. 2013) ("In a case where a party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error." (quotations and citation omitted) ). The Court is not required to review the factual findings or legal conclusions of the magistrate judge as to which no proper objections are made. See Thomas v. Arn, 474 U.S. 140, 150, 106 S.Ct. 466, 88 L.Ed. 2d 435 (1985). Whether or not proper objections have been filed, the district judge may, after review, accept, reject, or modify any of the magistrate judge's findings or recommendations. See 28 U.S.C. § 636(b)(1) ; FED. R. CIV. P. 72(b).

III. Discussion

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Bluebook (online)
284 F. Supp. 3d 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinstein-v-cardis-enters-intl-nv-nyed-2017.