Osen LLC - April 10, 2003
Oral arguments before Judge William G. Bassler to begin at 10:00 am at the Federal Court House in Newark, New Jersey.
Federal District Court in Newark, New Jersey to hear KarstadtQuelle's Motion to Dismiss the Lawsuit filed by Martin Wortham and Barbara Principe.
Plaintiff's Motion to Strike German Ambassador's letter to be argued.
Oradell, NJ (April 3, 2003) -- On Thursday, April 10, 2003, Judge William G. Bassler, Federal District Court Judge for the District of New Jersey will hear oral arguments in the case of Wortham v. KarstadtQuelle AG.
The case involves a lawsuit brought against German's largest retailer, KarstadtQuelle AG and its subsidiaries alleging that they have profited from an ongoing 50 year old fraud scheme which helped them gain control of the famed Wertheim department store company in Berlin.
The lawsuit, which was originally filed in the Federal District Court for the Shouthern District of New York, accuses Karstadt of "fraud, conversion, unjust enrichment and tortious injury to personal property." The suit claims that Karstadt's subsidiary knowingly aquired stolen shares when it purchased a controlling interest in the Wertheim companies in 1951 and that it participated in a scheme intended to conceal both the sale and the true value of the corporate assets from the rightful owners of those shares.
The case was conditionally transferred to Judge Bassler in New Jersey pending a determination as to whether it is related to the slave labor litigation previously settled as part of a July 2000 Executive Agreement between the Federal Republic of Germany and the United States.
In a letter dated January 29, 2003, the German Ambassador to the United States wrote directly to Judge Bassler urging that he dismiss the lawsuit. Plaintiffs have since filed a motion to strike the ambassador's letter because they allege that it contains misleading statements and fails to comply with the Federal Rules of Civil Procedure.
Both the defendant's Motion to Dismiss the lawsuit and the Plaintiff's Motion to Strike the German Ambassador's Letter will be argued before Judge Bassler on April 10th.
