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Partex Apparel International Ltda S.A. De C.V., An El Salvador Corporation v. Gfsi

June 21, 2011

PARTEX APPAREL INTERNATIONAL LTDA S.A. DE C.V., AN EL SALVADOR CORPORATION,
PLAINTIFF,
v.
GFSI, INC., A DELAWARE CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Karen M. Humphreys United States Magistrate Judge

MEMORANDUM AND ORDER

This matter is before the court on the following motions:

1. Motion for Leave to Amend to file an Interpleader Counterclaim and Add a Party (Doc. 47);

2. Motion to Intervene (Doc. 55);

3. Motion to Compel (Doc. 59);

4. Motion for a Protective Order (Doc. 65); and

5. Motion for Extension of Discovery Deadlines (Doc. 67). The rulings are set forth below.

Background

Partex, an El Salvadoran corporation, manufactures sports apparel and GFSI purchases and resells the apparel in the United States. Partex alleges that GFSI has failed to pay invoices totaling in excess of one million dollars. GFSI does not dispute that it owes "someone" for the sports apparel but asserts that a receivership may have been appointed for Partex by an El Salvadoran judge. GFSI contends that it has been unable to secure clarification concerning the proper party for payment and refuses to pay unless it receives assurances that it will not be subjected to claims by multiple parties.

Motion for Leave to Amend and Add a Party (Doc. 47) and Motion to Intervene (Doc. 55)

GFSI moves for leave to amend to file a counterclaim for interpleader and to add Banc Centroamericano de Integracion Economica ("BCIE") as a cross-claim defendant. GFSI alleges that BCIE is a creditor of Partex and that an El Salvadoran court has "entered an Order of attachment in favor of BCIE against Partex's assets." Doc. 47, p. 2. Because GFSI believes it is exposed to competing claimants to the invoice payments, GFSI seeks leave to amend its pleadings and assert a counterclaim for interpleader and to add BCIE as a party. In a related motion, BCIE moves to intervene to assert its claim to the disputed funds.

Partex opposes GFSI's motion for leave to amend to interplead the funds and add BCIE, arguing that the motion is untimely. Specifically, Partex argues that this case was filed on July 2010 in the Southern District of Florida and that GFSI opposed Partex's earlier motion to have the funds paid into the court.*fn1 Partex also argues that "since at least July 2010, GFSI has known that BCIE unlawfully froze Partex's bank account in El Salvador and attempted to wrongfully seize Partex's assets." Doc. ...


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