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Laba v. JBO Worldwide Supply Pty Ltd.

Breach Action Is Dismissed Due to Uncertainty as to Intended Defendant

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OPINION & ORDER In May 2020, Plaintiff brought this action to recover damages from Defendants for breach of contract, quantum meruit, and unjust enrichment. See Am. Compl., ECF No. 20. Defendants now move to dismiss the Amended Complaint for lack of personal jurisdiction under Rule 12(b)(2) of the Federal Rules of Civil Procedure and failure to state a claim with respect to Defendant Orange Butterfly under Rule 12(b)(6). See ECF No. 41. Defendants also seek to impose sanctions against Plaintiff under Rule 11, 28 U.S.C. §1927, and the Court’s inherent powers. See ECF No. 53. For the reasons discussed below, the Court denies the motion to dismiss under Rule 12(b)(2), grants the motion to dismiss under Rule 12(b)(6), and denies the motion for sanctions. BACKGROUND1 Plaintiff Remi Laba, a New York resident, is an executive and entrepreneur in the hospitality industry. See Am. Compl. at 12. Defendant JBO Worldwide Supply Pty Ltd. (“JBO”) and Defendant Orange Butterfly Holdings (Mauritius) International Limited (“Orange Butterfly”) are in the business of operating and licensing the Coco Safar brand of cafes, espresso bars, and capsule retail emporiums.2 See id. at 13. On March 1, 2019, Plaintiff and Defendant JBO entered into a Finder’s Fee Agreement (the “Agreement”), under which Plaintiff was engaged to identify a company interested in licensing or developing the Coco Safar brand in Saudi Arabia. See id. at 14. Pursuant to the Agreement, Plaintiff identified Advanced Tastes Company Limited (“Advanced”) as a potential investor and arranged visits and communications between Advanced and Defendants. See id. at

15-19. Plaintiff performed all services pertaining to the engagement and regularly communicated with Defendants from his offices in New York. See id. at

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