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Kalimantano GmbH Board Reviewed Progress in Court Proceedings It Has Pursued against Motion in Time, Inc., Shamayevs and Others in Federal Courts in New York and Washington, D.C.

Kalimantano GmbH, a German company, pursues claims against Motion in Time, Inc., a retail watches’ store located in New York, and its principals, the Shamayevs, and others in New York and Washington, D.C.


Frankfurt, Germany, May 15, 2013

Topic: Kalimantano GmbH Pursues Legal Claims in U.S. Federal Courts against Watches’ Seller Motion in Time, Inc. Located in New York.

The Board and management of Kalimantano GmbH convened a meeting, held in Frankfurt, Germany. Among the issues on the agenda was the legal action pursued by Kalimantano GmbH and its principals Tofik Davidoff, Konstantine Felde, and Jonannes Schwegler.  The legal action in the USA was triggered by the malicious defamation campaign staged by the operators of the jewelry and watches shop, located in New York, Motion in Time, Inc. Namely, the operators of that jewelry and watches shop had made the false allegations against Mr. Davidoff, accusing him of larceny of some watch in New York. In fact, Mr. Davidoff has never even traveled to New York or to the United States.

In the course of the court proceedings, the Board and the management of Kalimantano GmbH categorically denied and deny all the false allegations made by defendant Motion in Time, Inc. and its principals, Eddie Shamayev, Michael Shamayevs, Boris Shamayev and David Shamayev.

Restating Kalimantano’s pleadings in the U.S. District Courts, incorporated by reference, neither Kalimantano GmbH nor its principal Mr. Davidoff has ever committed any unlawful acts. On the contrary, the pleadings allege that Kalimantano GmbH wire transferred $120,000 to the bank account of Motion in Time, Inc., located at: 56 W 47th Street, New York, NY. However, instead of receiving the merchandise from Motion in Time, Inc. ordered with that advance payment, Kalimantano GmbH received promises and later the treats to the good reputation and safety of Mr. Davidoff and his family. Considering the situation, Kalimantano GmbH and Mr. Davidoff had no choice but to seek the protection of the law enforcement in Germany and in the United States.

The management of Kalimantano GmbH had previously authorized the filing of the civil case Kalimantano GmbH, Tofik Davidov, Konstantin Felde, et al. against Motion in Time, Inc., Eddie Shamayev, Michael Shamayev et al. The case was filed in September of 2012 in the United States District Court for the Southern District of New York, Docket 12cv6969. Kalimantano GmbH incorporates by reference the allegations contained in its complaints filed in that action, without repeating the court documents.

In response to the attempts by defendants Motion in Time Inc. and the Shamayevs to dismiss the case on various grounds, the U.S. District Court has refused to dismiss the case and ruled that the matter may proceed on three alternative grounds.  The court documents in that matter are in the federal courts and are in the public domain.

Additionally, Kalimantano GmbH and its principals filed a case against the Internet providers that were used by the perpetrators for the defamation campaign. That second case is also pending in the U.S. District Court in Washington, D.C., Docket 12cv2005. Likewise, the court documents in that other matter are in the public domain.  Furthermore, Kalimantano GmbH and others filed acase against New York-based parties in U.S. District Court in Manhattan.  By way of negotiations, most of the claims in these cases have been resolved by way of settlement.

Kalimantano GmbH intends to vigorously assert its claims and to defend its good reputation, as well as the integrity of its principals, by all legal means allowed by the law, in the Courts of law.

The Board of Kalimantano GmbH has also complimented the work of its attorneys in the USA, namely Peter A. Joseph, Esq., of New York City, and George Lambert, of Washington, D.C.

Kalimantano GmbH is in the business of wholesale of foodstuffs in Germany, including but not limited meat and fish products, in a great variety.  Reference is made to its website, providing the description of its current range of the products.



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