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Home Products International-North America, Inc. v. Buchbut

United States District Court, N.D. Illinois, Eastern Division

July 30, 2019

HOME PRODUCTS INTERNATIONAL-NORTH AMERICA, INC., a Delaware corporation, Plaintiff,
v.
MICHEL BUCHBUT, a/k/a MICHEL BOHBOT, an individual; DLDM INVESTMENT LIMITED, a a corporation organized under the laws of Switzerland; BEST PLASTICS, LLC, a New Jersey limited liability company; and BEST PLASTICO, LLC, a California limited liability company, Defendants.

          Kent Maynard Jr. One of Its Attorneys

          PLAINTIFF'S MOTION FOR LEAVE TO SUPPLEMENT FEE PETITION AND TO AMEND JUDGMENT

          Honorable Andrea Wood, Judge.

         Plaintiff HOME PRODUCTS INTERNATIONAL-NORTH AMERICA, INC. (“HPI”) by its attorneys, Kent Maynard & Associates LLC, hereby moves this Court for entry of an Order permitting HPI to supplement it s previously-filed fee petition filed on November 30, 2015, and amending the Judgment in a Civil Case entered at the direction of this Court on November 16, 2015. In support thereof, HPI states as follows:

         1. This cause arises fro m an American Arbitration Association (“AAA”) arbitration initiated by one of the Defendants in the instant civil action, DLDM Investment Limited (“DLDM”).

         2. DLDM filed an arbitration demand seeking damages for alleged breaches of two agreements (“the Agreements”), one entitled Agreement For Transfer And Use Of Plastic Injection Molds And Royalty, dated July 6, 2011 (“the Royalty Agreement”) and the other entitled, Injection M old Purchase Agreement entered into during November 2011 (“the Purchase Agreement”).

         3. The purpose of the two Agreements was to transfer certain plastic injection molds and related intellectual property from DLDM to HPI for the exclusive use of HPI in the manufacture of certain plastic goods for sale to customers.

         4. In the AAA Arbitration, HPI denied that it breached the Agreements and filed a counterclaim for various breaches of the Agreements against DLDM and the other Defendants named in this action, Michel Buchbut, Best Plastics, LLC, and Best Plastico, LLC, all of which were alleged to be jointly and severally liable for the breaches alleged.

         5. Under the Royalty Agreement and a Purchase Agreement, a prevailing party is entitled to recover reasonable attorney's fees and costs incurred in respect of any dispute.

         6. As recited in the Final Award, a duly noticed Arbitration Hearing was convened on May 13, 2014.

         7. After the Arbitration hearing, an arbitration award was entered in Plaintiffs favor by means of a Final Award dated as of June 25, 2014.

         8. A true and correct copy of the Final Award is attached hereto as Exhibit 1.

         9. The Final Award states that a ll of the claims of DLDM were dismissed.

         10. The Final Award awarded to Plaintiff a total of $136, 681.80, consisting of the following amounts:

Damages

$75, 000.00

Attorney's fees and costs

$51, 649.803

AAA Fees

$10, 032.00

Total

$136, 681.80


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