Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 1 of 7
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`_________________________________________________
`
`MAZZETTA COMPANY, LLC,
`
`Plaintiff,
`
`v.
`
`COMPLAINT AND JURY
`TRIAL DEMANDED
`
`Case No.:
`
`3:20-CV-616[FJS/ML]
`
`MAINES PAPER & FOOD SERVICE, INC.,
`
`Defendant.
`_________________________________________________
`
`COMPLAINT
`
`Plaintiff, Mazzetta Company, LLC (“Mazzetta”), by and through its undersigned
`
`attorneys, for its Complaint against Defendant, Maines Paper & Food Service, Inc.
`
`(“Maines”), states as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`Mazzetta is a multifaceted company that develops resources to successfully
`
`source, harvest and process seafood from around the world and deliver premium quality,
`
`sustainable seafood to restaurants, retailers, distributors, hospitality and food service
`
`organizations globally.
`
`2.
`
`Maines is in the food distribution business, essentially acting as the
`
`“middleman” between food producers, such as Mazzetta, and end-users, such as the
`
`restaurant chains and other customers.
`
`3.
`
`During all times relevant to this Complaint, Maines served as the designated
`
`distributor of Mazzetta’s products to one of Mazzetta’s customers. Mazzetta’s customer
`
`placed orders for Mazzetta’s products with Maines; Maines ordered those products from
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`_________________________________________________
`
`MAZZETTA COMPANY, LLC,
`
`Plaintiff,
`
`v.
`
`COMPLAINT AND JURY
`TRIAL DEMANDED
`
`Case No.:
`
`3:20-CV-616[FJS/ML]
`
`MAINES PAPER & FOOD SERVICE, INC.,
`
`Defendant.
`_________________________________________________
`
`COMPLAINT
`
`Plaintiff, Mazzetta Company, LLC (“Mazzetta”), by and through its undersigned
`
`attorneys, for its Complaint against Defendant, Maines Paper & Food Service, Inc.
`
`(“Maines”), states as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`Mazzetta is a multifaceted company that develops resources to successfully
`
`source, harvest and process seafood from around the world and deliver premium quality,
`
`sustainable seafood to restaurants, retailers, distributors, hospitality and food service
`
`organizations globally.
`
`2.
`
`Maines is in the food distribution business, essentially acting as the
`
`“middleman” between food producers, such as Mazzetta, and end-users, such as the
`
`restaurant chains and other customers.
`
`3.
`
`During all times relevant to this Complaint, Maines served as the designated
`
`distributor of Mazzetta’s products to one of Mazzetta’s customers. Mazzetta’s customer
`
`placed orders for Mazzetta’s products with Maines; Maines ordered those products from
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 2 of 7
`
`
`
`Mazzetta; Mazzetta delivered those products to Maines and invoiced Maines for the cost of
`
`those products; Maines’ delivered those products to Mazzetta’s customer; and that customer
`
`then paid to Maines an amount sufficient to pay Mazzetta in full for its product and to pay
`
`Maines for its distribution services.
`
`4.
`
`This action arises out of Maines’ failure and refusal to pay to Mazzetta the full
`
`balance due of $342,908.20 pursuant to issued and outstanding invoices, plus interest, for
`
`seafood products that Maines ordered in February 2020 and Mazzetta delivered to Maines in
`
`February and March 2020.
`
`PARTIES
`
`5.
`
`Mazzetta is an Illinois limited liability company. Its principal place of business
`
`is located in Highland Park, Illinois. The sole Member of Mazzetta is Jorzac Corp., an Illinois
`
`corporation with a principal place of business in Highland Park, Illinois.
`
`6.
`
`Maines is a New York corporation with its principal place of business in
`
`Conklin, New York. According to Maines, it services thousands of restaurants and food
`
`service operations in over 35 states, including Illinois, from multiple distribution centers.
`
`JURISDICTION AND VENUE
`
`7.
`
`This Court has jurisdiction over this action under 28 U.S.C. § 1332 because the
`
`amount in controversy exceeds $75,000, exclusive of interests and costs, and complete
`
`diversity of citizenship exists between Mazzetta and Maines.
`
`8.
`
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1) because
`
`Maines resides in this judicial district.
`
`
`
`
`
`
`
`2
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 3 of 7
`
`
`
`FACTUAL BACKGROUND
`
`9.
`
`In February 2020, Mazzetta received the following purchase orders from
`
`Maines for fish and seafood products to be delivered to Maines:
`
`P.O. Number 1001009477, dated 02/12/2020 (attached hereto as Exhibit A)
`
`P.O. Number 1001010056, dated 02/13/2020 (attached hereto as Exhibit B)
`
`P.O. Number 1001011304, dated 02/18/2020 (attached hereto as Exhibit C)
`
`P.O. Number 1001011376, dated 02/18/2020 (attached hereto as Exhibit D)
`
`10. Mazzetta delivered the goods ordered pursuant to the purchase orders
`
`identified in paragraph 9, as amended.
`
`11. Maines accepted each such delivery from Mazzetta without any claim or
`
`complaint.
`
`12. Mazzetta issued invoices to Maines for the products Maines ordered and
`
`Mazzetta delivered. The invoices issued and outstanding are as follows:
`
`Inv. No.
`
`Inv. Date
`
`Cust. P.O.
`
`Due Date
`
`Inv. Amt.
`
`Bal. Due
`
`372787
`
`02/18/20
`
`1001011376
`
`03/03/20
`
`$10,775.00
`
`($3,960.00)
`
`Attached
`hereto as
`Exhibit E
`
`373372
`
`03/04/20
`
`1001009477
`
`03/18/20
`
`$147,466.20
`
`$130,854.80 Exhibit F
`
`373639
`
`03/10/20
`
`1001010056
`
`03/24/20
`
`$160,621.00
`
`$160,621.00 Exhibit G
`
`373762
`
`03/11/20
`
`1001011304
`
`03/25/20
`
`$88,158.40
`
`$55,392.40
`
`Exhibit H
`
`After taking into account appropriate credits, the balance currently due, without interest,
`
`pursuant to the outstanding invoices is $342,908.20.
`
`13.
`
`The terms of payment specified on each invoice is “Net 14.”
`
`14.
`
`Each invoice specifies “interest of 1 1/2% per month (18% per annum) will be
`
`charged on all accounts not paid in 30 days.”
`
`
`
`3
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 4 of 7
`
`
`
`15.
`
`By ordering and accepting Mazzetta’s products, the parties created a valid,
`
`binding and enforceable contract with respect to each purchase order and corresponding
`
`invoice.
`
`16. Maines has failed and refused to pay the full, outstanding balance due pursuant
`
`to the purchase orders and invoices identified in paragraphs 9 and 12 herein above despite
`
`repeated demands by Mazzetta.
`
`17. Maines delivered the products it ordered from Mazzetta and that Mazzetta
`
`delivered to Maines, as described in the purchase orders and invoices identified in paragraphs
`
`9 and 12 herein above, to Mazzetta’s customer.
`
`18. Maines collected payment from Mazzetta’s customer for the products it
`
`ordered from Mazzetta and that Mazzetta delivered to Maines, as described in the purchase
`
`orders and invoices identified in paragraphs 9 and 12 herein above.
`
`19. Notwithstanding the fact that Maines collected payment from Mazzetta’s
`
`customer for the products it ordered from Mazzetta and that Mazzetta delivered to Maines,
`
`Maines has failed to pay Mazzetta the full, outstanding balance due pursuant to the purchase
`
`orders and invoices identified in paragraphs 9 and 12 herein.
`
`COUNT I
`BREACH OF CONTRACT
`
`20. Mazzetta adopts and incorporates by reference herein paragraphs 1 through 19
`
`above as though fully set forth herein.
`
`21.
`
`Each purchase order and corresponding invoice identified in paragraphs 9 and
`
`12 herein above created a valid, binding and enforceable contract by Mazzetta and Maines.
`
`22. Mazzetta has fully performed all of its obligations under the parties’ contracts.
`
`
`
`4
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 5 of 7
`
`
`
`23. Maines’ failure and refusal to pay the full, outstanding balance due pursuant to
`
`the purchase orders and invoices identified above constitutes a breach by Maines of the
`
`parties’ contracts.
`
`24. As a result of Maines’ breaches, Mazzetta has incurred damages in the total
`
`amount of $342,908.20, plus interest commencing 30 days after the date of each unpaid
`
`invoice identified in paragraphs 9 and 12 herein above at the rate of 1 1/2%.
`
`WHEREFORE, Mazzetta respectfully requests that this Court enter a Judgment in
`
`favor of Mazzetta and against Maines as to Count I, awarding to Mazzetta: (a) the total
`
`amount of $342,908.20; (b) interest commencing 30 days after the date of each unpaid invoice
`
`identified in paragraphs 9 and 12 herein above at the rate of 1 1/2%; (c) costs of suit as allowed
`
`by law; and (d) such additional relief as this Court deems just and appropriate.
`
`COUNT II
`UNJUST ENRICHMENT
`(In the alternative to Count I)
`
`25. Mazzetta adopts and incorporates by reference herein paragraphs 1 through 19
`
`above as though fully set forth herein.
`
`26.
`
`In the event, and to the extent, that it is found that there are no enforceable
`
`contracts by and between Mazzetta and Maines, as alleged in Count I, Mazzetta alleges this
`
`Count II in the alternative to Count I.
`
`27. Maines accepted the delivery of products from Mazzetta without claim or
`
`complaint and with the understanding that Maines would compensate Mazzetta for those
`
`products.
`
`
`
`5
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 6 of 7
`
`
`
`28.
`
`Because Maines has received payment from Mazzetta’s customer for these
`
`same products, and Maines has not paid Mazzetta for these products, Maines has unjustly
`
`retained the benefit it derived from those products, all to Mazzetta’s detriment.
`
`29. Maines’ retention of such benefits violates the fundamental principles of justice,
`
`equity, and good conscience.
`
`WHEREFORE, Mazzetta respectfully requests that this Court enter a Judgment in
`
`favor of Mazzetta and against Maines as to Count II, ordering: (a) the imposition of a
`
`constructive trust on any and all benefits Maines received from the Mazzetta’s customer on
`
`account of the products identified in the purchase orders and invoices identified in paragraphs
`
`9 and 12 herein above; (b) restitution by Maines to Mazzetta in the total amount of
`
`$342,908.20, or such other amount to be proven at trial; (c) interest as allowed by law; (d)
`
`costs of suit as allowed by law; and (e) such additional relief as this Court deems just and
`
`appropriate.
`
`COUNT III
`ACCOUNT STATED
`
`30. Mazzetta adopts and incorporates by reference herein paragraphs 1 through 19
`
`above as though fully set forth herein.
`
`31. Mazzetta issued and presented the invoices identified in paragraphs 9 and 12
`
`herein above to Maines on or about the date that they bear.
`
`32. Maines received and retained said invoices without objection.
`
`33. As a result of Maines’ receipt and retention of the invoices identified above
`
`without objection, an account stated exists between Mazzetta and Maines.
`
`34. Despite Mazzetta’s demands, Maines has failed and refused to pay the full,
`
`outstanding balance of the account stated.
`
`
`
`6
`
`
`
`Case 3:20-cv-00616-FJS-ML Document 1 Filed 06/03/20 Page 7 of 7
`
`
`
`35. As a result of Maines’ failure to pay the account stated, Mazzetta has incurred
`
`damages in the total amount of $342,908.20, plus interest commencing 30 days after the date
`
`of each unpaid invoice identified above at the rate of 1 1/2%.
`
`WHEREFORE, Mazzetta respectfully requests that this Court enter a Judgment in
`
`favor of Mazzetta and against Maines as to Count III, awarding to Mazzetta: (a) the total
`
`amount of $342,908.20; (b) interest commencing 30 days after the date of each invoice
`
`identified above at the rate of 1 1/2%; (c) costs of suit as allowed by law; and (d) such
`
`additional relief as this Court deems just and appropriate.
`
`DEMAND FOR JURY TRIAL
`
`Mazzetta demands a trial by jury on all claims for which a jury is appropriate.
`
`Dated: Rochester, New York
`June 3, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`PHILLIPS LYTLE LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Doc #3212383.1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Chad W. Flansburg
`By
`Chad W. Flansburg, Esq.
`Attorneys for Plaintiff
`Mazzetta Company, LLC
`28 East Main Street, Suite 1400
`Rochester, New York 14614-1935
`Telephone No. (585) 238-2000
`cflansburg@phillipslytle.com
`
`Attorneys for Plaintiff (pro hac vice application
`to be submitted)
`
`
`
`
`
`
`
`
`DYKEMA GOSSETT PLLC
`
`Steven H. Gistenson, Esq.
`10 South Wacker Drive, Suite 2300
`Chicago, Illinois 60606
`Telephone No. (312) 627-2267
`sgistenson@dykema.com
`
`
`
`7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
