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LPD New York LLC v. Adidas Am. Inc.

Despite Improper Service Counterclaims Denied Dismissal; Service Defense Was Waived

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MEMORANDUM & ORDER Plaintiff LPD New York, LLC, commenced the above-captioned action against Defendants Adidas America, Inc. and Adidas AG on November 5, 2015, and filed a Second Amended Complaint (“SAC”) on May 4, 2018. (Compl., Docket Entry No. 1; SAC, Docket Entry No. 77.) On April 22, 2019, Defendants filed an Answer to the SAC and, along with counterclaim-Plaintiff adidas International Marketing B.V. (collectively “Adidas”), asserted seven counterclaims against LPD and counterclaim-Defendant Benjamin Fainlight, LPD’s sole owner, member, and employee.1 Approximately two years later, by letter-motion dated April 7, 2021, Fainlight moved to dismiss the counterclaims against him for insufficient service of process, pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure, and Adidas opposed the motion. (See Letter Mot. to Dismiss (“Fainlight’s Mot.”), Docket Entry No. 211; Resp. in Opp’n (“Adidas’s Opp’n”) 1-2, Docket Entry No. 213.) For the reasons that follow, the Court denies Fainlight’s motion to dismiss the counterclaims. I. Background The Court assumes the parties’ familiarity with the facts of the case and provides only the procedural history pertinent to Fainlight’s motion to dismiss. On May 4, 2018, Plaintiff filed the SAC, asserting various claims. (SAC

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