Defendants want Green Earth Produce suit moved to federal court

By Angelino Menconi | Oct 30, 2015

PHILADELPHIA -- The defendants in a lawsuit involving an organic produce company recently requested that the case be transferred from the Court of Common Pleas of Philadelphia County to the U.S. District Court for the Eastern District of Pennsylvania.

Marco Brakkee, Sven De Nooij, Daniel Kant and 3Organics, Inc. filed a petition in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 22 seeking to move the suit filed by Green Earth Produce Trading, Inc. to the federal court. They cited that the federal court actually had jurisdiction over the case since the defendants are all residents of the Netherlands, 3Organics is a Delaware corporation and Green Earth is a Florida company.

Green Earth originally sued the defendants alleging breach of contract, fraud, negligent misrepresentation, civil conspiracy and tortious interference. The company hired Brakkee to sell its produce, but allegedly discovered after losing more than $900,000 that Brakkee was secretly diverting sales to 3Organics, a company he had formed with De Nooij and Kant.

Green Earth is seeking damages, plus interest and costs. The company is represented by Whitman, Bankes & Chebot, LLC in Philadelphia.

Brakkee, De Nooij, Kant and 3Organics is represented by Andrew Brown of Sidkoff, Pincus & Green, also in Philadelphia. 

U.S. District Court for the Eastern District of Pennsylvania case no. 2:15-cv-05746-MSG. 

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Sidkoff, Pincus & Green Whitman, Bankes & Chebot, LLC

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