Bentivoglio et al v. Event Cardio Group Inc. et al
| Gianfranco "John" Bentivoglio, Lori J. Burke and The Bentivoglio Family Trust |
| Event Cardio Group Inc., Gary Blom, Frank Sgro and Gino Alberelli |
| 1:2018cv02040 |
| March 6, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Other Statutory Actions |
| 26 U.S.C. ยง 7434 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
143
ORDER: The Court modifies the Order of Dismissal entered on November 16, 2021 for the limited purpose of reinstating plaintiffs motion for attorneys' fees and expenses. (Doc 135.) The Court is advised that pursuant to a settlement rea ched between plaintiff and Event Cardio Group, Inc. ("ECGI"),-ECGI has withdrawn its opposition to plaintiff's motion for attorneys' fees and costs. Pursuant to Rule 54(d)(2), Fed. R. Civ. P., plaintiff's motion for the recovery of attorneys' fees and costs in the amount of $259,812.11 is GRANTED. and the Clerk shall enter judgment for plaintiff against ECGI in said amount. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/23/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
141
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the rig ht to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. DE 132 is terminated. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/16/2021) (ama)
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Filing
138
ORDER: Defendant Event Cardio Group, Inc. will have 14 days within the filing of this order, if it wishes, to file a sur-reply memorandum of law in opposition to plaintiff John Bentivoglio's motion for award of attorneys' fees. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/02/2021) (ama)
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Filing
129
JUDGMENT. It is ORDERED, ADJUDGED AND DECREED that judgment is hereby entered in favor of Plaintiff Gianfranco "John" Bentivoglio against Defendant Event Cardio Group Inc. in the amount of $468,083.47, with pre-judgment interest in the amount of $88,893.96 for a total of $556,977.43. (Signed by Judge P. Kevin Castel on 3/10/2021) (rjm)
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Filing
127
OPINION AND ORDER re: 110 MOTION for Summary Judgment filed by Gianfranco "John" Bentivoglio, 126 LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Aileen E. McTiernan dated November 10, 2020 filed by Gianfranco "John" Bentivoglio. For the reasons stated above, Bentivoglio's motion for summary judgment on the remaining breach of contract claim is GRANTED. He has met the elements of breach of c ontract under New York law, and ECGI's defenses do not raise any genuine issues of material fact. Plaintiff shall submit a proposed judgment within fourteen (14) days of this Order. Pursuant to Rule 54(d)(2)(B), Plaintiff may submit his application for attorney's fees and expenses within fourteen (14) days after the entry of judgment. The Clerk is directed to terminate the motion (Docs 110, 126). (Signed by Judge P. Kevin Castel on 2/24/2021) (mro)
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Filing
106
ORDER: Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. Counsel for the plaintiff(s) shall arrange for the conference call. Each scheduled conference will take place on the date and time originally set. The conference in this case is scheduled for June 19, 2020 at 11:45 a.m. No later than seventy-two hours before the conference, plaintiff(s)' counsel shall: (a) docket a letter on ECF to the Court with copy to all opposing counsel containing the call-in information and email the letter to castelnysdchambers@nvsd.uscourts.gov; and (b) for an initial pretrial conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnvsdchambers@nysd.uscourts.gov. (Signed by Judge P. Kevin Castel on 6/4/2020) (jwh)
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Filing
93
OPINION AND ORDER re: 80 MOTION to Dismiss . filed by Event Cardio Group Inc., Efil Sub of ECG, Inc.. Defendants' motion to dismiss the first and third causes of action and to dismiss EFIL as a defendant is GRANTED. Bentivoglio's breach of contract claim against ECGI remams. The Clerk is directed to terminate the motion (Doc 80). SO ORDERED. (Signed by Judge P. Kevin Castel on 11/27/2019) (ks)
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