Mygrant Glass Company Inc. (Mygrant) recently filed a response to O.E.M. Glass Network Inc. and Brooklyn Wholesale Glass Inc. (known together as OEMGN) amended complaint in the boycott lawsuit involving several industry companies. Mygrant denies all of the allegations in OEMGN’s amended complaint and has asked the court to rule in its favor.
OEMGN have alleged a group of suppliers including: Mygrant, Interstate Glass of Amityville NY LLC (Interstate Glass), Metro Glass Distributing Inc. (Metro Glass), Xinyi Auto Glass North America Corp. (Xinyi), Vitro S.A.B. de C.V., Vitro Automotive Glass LLC, Vitro Automotoriz (Vitro), Fuyao Glass America Inc. (Fuyao), Auto Temp Inc. and Sika Corp (Sika) were behind a boycott.
“Mygrant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations regarding the occurrence and content of any alleged discussions between the plaintiffs and Sika, AGD, Vitro, and Interstate and, on that basis, denies them. Mygrant denies the remaining allegations set forth therein, and specifically denies that it participated in any conspiracy or boycott,” a portion of Mygrant’s response reads.
Mygrant also denies it violated the Sherman Act; or state laws for tortious interference with prospective business relations. It further denies it conspired against the plaintiffs with any defendant, any aftermarket auto glass wholesaler, any aftermarket auto glass manufacturer or any urethane manufacturer.
“Damages, if any, sustained by the plaintiffs were proximately caused by the actions of the plaintiffs, or persons and/or entities over which Mygrant had no control, and any acts taken by
Mygrant were not the proximate cause of any injuries and/or damages sustained by the plaintiffs,” a portion of Mygrant’s response reads.
In February 2019 OEMGN filed suit against two auto glass distributors and several manufacturers alleging they conspired against the N.Y. companies and boycotted them in an attempt to eliminate it from the market. In April 2019 the courts extended time for the defense to file a response to claims made against them by OEMGN. Then in May 2019 there was a combined motion to dismiss filed by the defendants, to which OEMGN expressed an opposing view. An amended complaint was filed in October 2019 by OEMGN, however several of the original allegations remained in the amended version. In January 2020, Vitro Automotriz filed a document to dismiss OEMGN’s amended complaint. In February 2020, U.S. District Judge Nicholas G. Garufis dismissed and allowed some parts of the claims against urethane manufacturer, Sika Corporation.
Look to a future edition of glassBYTEs for continued coverage of the suit.