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Id., 5. Through Fowler, LVI got in into a broker arrangement with Offender Ken Sternfeld ("Sternfeld") to market LVI's travel benefits ("Sternfeld Broker Agreement"). Compl., Ex. 6 (DE 1-6). Thereafter, LVI got in into a customer care agreement with Atrium Enterprises ("Atrium Customer Care Arrangement"). Compl., Ex. 7 (DE 1-7). The Atrium Customer Care Agreement was signed by Fowler on behalf of LVI and by Sternfeld on behalf of Atrium Enterprises ("Atrium").

According to their terms, both Contracts are governed by Florida law. Broker Agreement, 20 (DE 1-6); Customer Support Arrangement, sec. (VI)(B) (DE 1-7). Plaintiffs LVI and TCUSA assert that Fowler and Sternfeld conspired to misuse funds due to LVI from a client called Foxwoods. Compl., 41-67 (DE 1). Furthermore, Plaintiffs mention that Defendants provided and distributed counterfeit travel certificates utilizing Thomas Cook trademarks without permission.

Subsequently, Complainants allege hallmark violation and other claims versus Offenders. Compl. (DE 1). Sternfeld and Atrium countersued. Some counterclaims were withdrawn, and some were dismissed by the Court with leave to change. (DE 47, 59). Ultimately, Sternfeld's Second Amended Counterclaim and Atrium's Third Amended Counterclaim were submitted. (DE 64). Sternfeld and Atrium brought five breach of agreement counts as to different clients (Counts I-V), and one count of deceptive temptation (Count VI).

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Consequently, Sternfeld and Atrium withdrew their counterclaim for deceptive temptation. (DE 74). In particular, the remaining counterclaims charge breaches of the Sternfeld Broker Agreement with regard to commissions on sales to customers Cambridge Who's Who, Foxwoods, and Electronic Devices Expo; and breaches of the Atrium Client Service Agreement with regard to the deals with Foxwoods and with respect to compensation of Atrium's printing expenses.

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Sternfeld and Atrium allege that the Court has jurisdiction over the counterclaims pursuant to 28 U.S.C. 1332 and 1367. Id. Read This keeps in mind that the Sternfeld Broker Contract and the Atrium Customer Support Contract are not attached to the Counterclaim, but that the counterclaims refer to the Displays to the original Problem, which contain the Agreements (DE 1-6, -7).