Judge Kimba Wood
The court dismissed Navarra Gallery’s 2010 complaint alleging Marlborough’s attempt to monopolize Chu’s artwork. Navarra Gallery’s amended complaint against Marlborough, president Levai and Asia director Koutouzis alleged tortious interference with contract, arising from their relationship with Chu. On March 26, 2013, the court denied Koutouzis dismissal under Federal Rule of Civil Procedure 12(b)(6), and Marlborough and Levai’s motion for judgment under the pleadings. Because the AC related back to Navarra Gallery’s original complaint, they did not establish their statute of limitations defense. The court denied Koutouzis reconsideration, rejecting his claim that its March 26 opinion misapplied the decision in Krupski v. Costa Crociere S.p.A. Observing that the order clarified that the case did not turn on whether Barrow v. Wethersfield Police Department remained good law after Krupski, the court denied certification for immediate appellate review under 28 USC §1292(b). The action turns on Navarra Gallery’s alleged misunderstanding of Koutouzis’s role in the “conduct, transaction, or occurrence” giving rise to its claim, which Krupski explicitly stated was a “mistake” concerning the proper party’s identity under Rule 15(c).
