Kerr v. John Thomas Financial et al
| Eubulus J. Kerr, III |
| John Thomas Financial, Anastasios Belesis and Joseph Castellano |
| 1:2014cv09168 |
| November 18, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B. Forrest |
| Securities/Commodities/Exchanges |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
243
MEMORANDUM OPINION & ORDER adopting 235 Report and Recommendation re: 212 MOTION for Summary Judgment filed by Eubulus J. Kerr, III, adopting 239 Certification of Facts, Conclusions of Law and Proposed Remedy. The Rep orts and Recommendation at ECF No. 239 is hereby adopted in full. The Report and Recommendation at ECF No. 235 is adopted with the addition of $9,645 to plaintiff's fee award. Plaintiff's motion for summary judgment at ECF No. 212 is GRANTED, and judgment is hereby entered for plaintiff in the amount of $200,297.02. The Court is aware of defendants' history of repeatedly evading payment of properly entered judgments-and thereby expending unnecessary judicial res ources to hold them to longstanding obligations. The Court therefore directs defendants to pay $200,297.02 to plaintiff not later than Friday, May 5, 2017, at 5:00 p.m. Defendants may be immediately held in contempt of court for failure t o comply precisely with this order. The Court also reminds defense counsel of the Court's statutory authority to award excess costs, expenses, and attorney's fees reasonably incurred due to an attorney unreasonably and vexatiously mu ltiplying proceedings in this matter. 28 U.S.C. § 1927. The Court reiterates that the injunction entered November 7, 2016, remains in place, as it has continuously since that date. (ECF No. 206.) Any violation of this preliminary injunctio n, past or future, puts defendants at serious risk of being held in contempt of court. The Clerk of Court is directed to terminate the motions at ECF Nos. 199 and 212. (As further set forth in this Memorandum Opinion & Order.) (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Main Document 243 replaced on 5/1/2017) (mro). Modified on 5/1/2017 (mro).
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Filing
239
CERTIFICATION OF FACTS, CONCLUSIONS OF LAW AND PROPOSED REMEDY: By notice of motion dated September 19, 2016, plaintiff seeks an order holding defendant Anastasios Belesis in civil contempt for failure to satisfy a money judgment, failure to comply with subpoenas and committing perjury, pursuant to Fed.R.Civ.P. 37 and N.Y. C.P.L.R. § 5104 (Docket Item ("D.I.") 119). (As further set forth in this Order.) Accordingly, I decline to certify the facts as constituting contempt and re commend that Belesis' request for fees and costs be denied. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from receipt of this Report to file written objections. Objections to R&R due by 2/17/2017 (Signed by Magistrate Judge Henry B. Pitman on 2/3/2017) Copies Sent By Chambers (cf)
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Filing
235
REPORT AND RECOMMENDATION re: 212 MOTION for Summary Judgment . filed by Eubulus J. Kerr, III, By notice of motion dated November 15, 2016, plaintiff moves for summary judgment on his application for attorneys' fees and costs purs uant to Fed.R.Civ.P. 56 (D.I. 211). (As further set forth in this Order.) For the foregoing reasons, I respectfully recommend that plaintiff be awarded $165,544.00 in attorneys' fees and $25,108.02 in costs. Objections to R&R due by 2/14/2017 (Signed by Magistrate Judge Henry B. Pitman on 1/31/2017) Copies Sent By Chambers (cf)
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