Fertitta, III et al v. Knoedler Gallery, LLC et al
| Frank J. Fertitta, III and Eykyn Maclean, LP |
| Knoedler Gallery, LLC, 8-31 Holdings, Inc., Michael Hammer, Ann Freedman, Jaime Andrade, Glafira Rosales, Jose Carlos Berganti Diaz, Oliver Wick, URS Kraft and John Does #1-10 |
| 1:2014cv02259 |
| April 1, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| J. Paul Oetken |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
187
OPINION AND ORDER: re: 178 MOTION for Attorney Fees Notice of Plaintiffs' Application for Attorneys' Fees, Costs, and Disbursements filed by Eykyn Maclean, LP, Frank J. Fertitta, III. For the foregoing reasons, Plaintiffs' peti tion for fees is GRANTED IN PART and DENIED IN PART. Plaintiffs are hereby awarded attorney's fees in the amount of $149,181.13, costs in the amount of $400.00, and disbursements in the amount of $3,965.99 from the Defaulting Defendants, jointly and severally. The Clerk of Court is directed to close the motion at Docket Number 178. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/15/2018) (ama) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
175
ORDER ADOPTING REPORT AND RECOMMENDATION for 169 Report and Recommendations. Accordingly, damages are awarded as calculated in the Report. Default judgment is hereby entered against Defendants Jose Bergantios Diaz, Jesus Angel Bergantios Diaz , and Glafira Rosales in the amount of (1) $22,050,000 to Plaintiff Frank J. Fertitta, III, plus interest at the rate of nine percent accruing from April 8, 2008 through the date of judgment; and (2) $2,280,000 to Plaintiff Eykyn Maclean , L.P., plus interest at the rate of nine percent accruing from March 27, 2014, through the date of judgment. Plaintiffs may submit documentation supporting their request for costs, disbursements, and reasonable attorneys' fees within four weeks of the date of this order. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/2/2018) (anc)
|
|
Filing
87
OPINION AND ORDER: The Court is in receipt of Magistrate Judge Henry Pitman's Report and Recommendation of May 21, 2015 ("Report"), which recommends that the Court deny Defendant Jaime Andrade's application for attorney's fee s in connection with his motion to dismiss the amended complaint. (Dkt. No. 86.) The period for the parties to object to the Report has expired, and no objections have been filed. See Fed. R. Civ. P. 72(b)(2). Because there are no objections, the Cou rt reviews the Report "strictly for clear error." Coach, Inc. v. O'Brien, No. 10 Civ. 6071 (JPO)(JLC), 2012 WL 1255276, at *1 (S.D.N.Y. Apr. 13, 2012) (citing McDonaugh v. Astrue, 672 F. Supp. 2d 542, 547 (S.D.N.Y. 2009)). Having revie wed the Report, the Court is satisfied that there is no clear error. Accordingly, Magistrate Judge Pitman's Report is ADOPTED, and Andrade's application for attorney's fees is DENIED. (Signed by Judge J. Paul Oetken on 6/19/2015) (kko)
|
|
Filing
53
OPINION AND ORDER re: 30 MOTION to Dismiss . filed by URS Kraft, 34 MOTION to Dismiss the Amended Complaint filed by Oliver Wick, 37 MOTION to Amend/Correct 15 Amended Complaint, / Notice of Motion in the Alternative to Amend the Pleading filed by Eykyn Maclean, LP, Frank J. Fertitta, III, 42 MOTION to Dismiss the Amended Complaint filed by Jaime Andrade, 47 MOTION to Amend/Correct 15 Amended Complaint,, / Notice o f Motion in the Alternative to Amend the Pleading filed by Eykyn Maclean, LP, Frank J. Fertitta, III. For the foregoing reasons, Andrade's motion to dismiss is DENIED, Kraft's motion to dismiss is GRANTED in part and DENIED in part, a nd Wick's motion to dismiss is DENIED. Plaintiffs' motion to amend is DENIED as moot. Plaintiffs' breach of warranty claim is dismissed as to Kraft. All other claims survive. The Clerk of Court is directed to close the motions at Docket Nos. 30, 34, 37, 42, and 47. SO ORDERED. (See Order.) (Signed by Judge J. Paul Oetken on 1/29/2015) (ajs)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
