QUALITY LEASING CO INC Inc v. INTERNATIONAL METALS LLC
| QUALITY LEASING CO., INC. |
| INTERNATIONAL METALS LLC and MANISH PUSHYE |
| 1:2018cv01969 |
| June 27, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| William T. Lawrence |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
408
ORDER DENYING 366 MOTION FOR NEW TRIAL - This matter is before the Court on Defendant Robert Stein's Motion for New Trial (Filing No. 366 ). On January 25, 2021, a virtual bench trial was held on Plaintiff Quality Leasing Co., Inc.'s c laim against Stein for individual liability based upon the theories of unjust enrichment and piercing the corporate veil. Quality Leasing appeared by counsel Robert R. Tepper, Dennis A. Dressler, and John T. Wagener. Defendants Valley Forge Equipm ent, Inc. and Stein appeared by counsel Harold Abrahamson. Defendant International Metals LLC and Manish Pushye appeared by counsel Steven D. Groth to observe only. The Court entered judgment on partial findings--pursuant to Federal Rule of Civil Procedure 52(c)--and ruled that Stein is the alter ego of Defendant Valley Forge. (Filing No. 280 at 5-6.) The Court determined that Stein was personally liable to Quality Leasing for unjust enrichment in the amount of $239,500.00. Id. Stein seeks a new trial, arguing the Court committed several errors and the judgment should be vacated. In the alternative, Stein asks that the amount of damages be modified. After considering Stein's submissions and Quality Leasing's respon se, the Court concludes there is no basis to grant the motion for a new trial. Stein has not shown that the Court made errors of law or fact in entering judgment in favor of Quality Leasing. While Stein disagrees with the Court's rulings, mer e disagreement is not enough to establish that the Court's decision was manifestly erroneous. Stein's motion merely states dissatisfaction with the Court's decision and restates prior arguments. He has not offered any other factual or legal argument that convinces the Court that its decision was in error. Accordingly, Stein's Motion for New Trial (Filing No. 366 ) is DENIED. Copy sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 9/15/2021. (AKH)
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Filing
395
ENTRY ON 391 MOTION TO VACATE MINUTE ORDER AND REINSTATE TRIAL - This matter is before the Court on a Motion to Vacate Minute Order and Reinstate Trial filed by pro se Defendant/Counterclaimant Mazyar Motraghi (Filing No. 391 ). This matter was p reviously scheduled for a bench trial on June 29, 2021; however, on June 16, 2021, Motraghi and Defendants Valley Forge Equipment, Inc. and Robert Stein participated in a settlement conference with the Magistrate Judge, wherein the parties negotiated a resolution of their claims, and the bench trial was thereafter vacated (Filing No. 387 ). On June 18, 2021, Motraghi filed the pending Motion to Vacate. The Court will enforce the parties' settlement agreement that was recorded by the Magistrate Judge and will not vacate the Minute Order at Filing No. 387 . Motraghi's Motion to Vacate (Filing No. 391 ) is denied. (See Order). Copy sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 6/29/2021. (AKH)
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Filing
360
ORDER ON PENDING MOTIONS - This matter is before the Court on several pending motions: (1) pro se Defendant/Counterclaimant Mazyar Motraghi's ("Motraghi") Motion for his Witness Manish Pushye to Testify Remotely (Filing No. 351 ), (2) Defendants Valley Forge Equipment, Inc.'s ("Valley Forge") and Robert Stein's ("Stein") Motion to Appear Remotely and for Witness Jim Czosnyka to Appear Remotely (Filing No. 355 ), and (3) Valley Forge's and Stein's Alternative Motion to Vacate the May 13, 2021 Entry or to Continue the Jury Trial (Filing No. 356 ). The Court GRANTS Motraghi's Motion for His Witness Manish Pushye to Testify Remotely (Filing No. 351 ). The Court GRANTS in pa rt and DENIES in part Valley Forge's and Stein's Motion to Appear Remotely and for Witness Jim Czosnyka to Appear Remotely (Filing No. 355 ). Witnesses Pushye and Czosnyka may appear and testify remotely at the jury trial. Valley Forge , Stein, and their counsel must appear in person for trial. The Court DENIES Valley Forge's and Stein's Alternative Motion to Vacate the May 13, 2021 Entry or to Continue the Jury Trial (Filing No. 356 ). This matter remains set for an in-person jury trial to begin on June 29, 2021. Copy sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 5/28/2021. (AKH)
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Filing
350
ENTRY ON PLAINTIFF'S MOTION FOR RULE 54(B) CERTIFICATION - Quality Leasing's Motion for Rule 54(b) Certification (Filing No. 326 ) is GRANTED, and the following Orders are certified as final and immediately appealable: 1) July 20, 2020, O rder dismissing Motraghi's counterclaim against Quality Leasing and its officers (Filing No. 224 ); 2) December 11, 2020, Order granting Quality Leasing summary judgment against Valley Forge (Filing No. 257 ); and 3) January 26, 2021, Entry entering judgment in favor of Quality Leasing and against Stein following the bench trial (Filing No. 280 ). (See Entry). Copy to Mortraghi via US mail. Signed by Judge Tanya Walton Pratt on 5/13/2021. (AKH) (Main Document 350 replaced on 5/13/2021) (TRG).
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Filing
345
ORDER denying 340 Motion for Leave to File an Amended Counterclaim. Signed by Magistrate Judge Mario Garcia on 4/19/2021 CRD made electronic dist and a copy was mailed via US Mail to Mr. Motraghi (CBU)
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Filing
331
ENTRY ON PENDING PRETRIAL MOTIONS - For the foregoing reasons, the Court GRANTS in part and DENIES in part Valley Forge's and Mr. Stein's Motion to Preclude Mr. Motraghi from Making Certain Comments in his Opening Statement (Filing No. [319 ]). Mr. Motraghi is ordered to submit a short trial brief one week prior to the first day of trial, explaining what he expects the evidence will show. The opening statements will be limited to the content of the trial briefs. Additionally, the Court DENIES the Motion to Preclude Mr. Motraghi from Testifying in Narrative Form (Filing No. 320 ) (See Order.) Copy to Motraghi via US Mail. Signed by Judge Tanya Walton Pratt on 2/23/2021. (NAD)
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Filing
324
ORDER ON ROBERT STEIN'S 305 MOTION FOR RECONSIDERATION - The Court did not make a manifest error of law or fact and there is no newly discovered evidence to justify reconsidering the total liability amount and reducing the award from $239,500.00 to $134,531.43. For the foregoing reasons, Stein's Motion for Reconsideration (Filing No. 305 ) is DENIED. (See Order.) Copy to Mazyar Motraghi via US Mail. Signed by Judge Tanya Walton Pratt on 2/19/2021. (NAD)
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Filing
315
ENTRY ON VALLEY FORGE AND STEIN'S 289 MOTION IN LIMINE - For the foregoing reasons, the Court GRANTS in part and DENIES in part Valley Forge's and Stein's Motion in Limine (Filing No. 289 ). The Motion is granted concerning the e xclusion of evidence and testimony concerning the location of Stein's residence. The Motion is denied in all other respects. An order in limine is not a final, appealable order. If the parties believe that specific evidence is inadmissible during the course of the trial, counsel may raise specific objections to that evidence outside the presence of the jury. (See Order.) Copy to Motraghi via US Mail. Signed by Judge Tanya Walton Pratt on 2/11/2021. (NAD)
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Filing
280
ENTRY ON THE COURT'S ORAL RULING ON PLAINTIFF'S RULE 52(C) MOTION - For the reasons stated on the record during the bench trial and noted herein, Quality Leasing is GRANTED Rule 52(c) judgment on its individual liability claim against St ein based upon the theories of unjust enrichment and piercing the corporate veil and Stein is personally liable to Quality Leasing in the amount of $239,500.00. Because the claims regarding Defendant/Counterclaimant Motraghi have not yet been resolved, no final judgment will issue at this time. (See Order.) Copy to Motraghi via US Mail. Signed by Judge Tanya Walton Pratt on 1/26/2021.(NAD)
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Filing
275
ORDER ON PLAINTIFF'S OBJECTION TO SUPPLEMENTAL WITNESS - It would be unfairly prejudicial to allow a party to add a previously undisclosed witness after that party has been made aware of the opposing party's trial strategy with the ti mely filing of a trial brief just before trial. Therefore, the Court SUSTAINS Quality Leasing's objection to Snyderman being added as another trial witness by the Defendants. Snyderman will not be permitted to testify at trial. (See Order.) Copy to Motraghi via US Mail and via email at mazyarm@hotmail.com. Signed by Judge Tanya Walton Pratt on 1/5/2021.(NAD) Modified on 1/5/2021 - added email address(NAD).
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Filing
257
ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - For the foregoing reasons, the Court DENIES Valley Forge's and Stein's Motion for Summary Judgment against Motraghi (Filing No. 184 ) and DENIES Quality Leasing's Motion for Summary Judgment aga inst Motraghi (Filing No. 193 ). The Court GRANTS Quality Leasing's Motion for Summary Judgment against Valley Forge (Filing No. 192 ) and enters judgment against Valley Forge in favor of Quality Leasing on its unjust enrichment and breach of contract claims for one award in the amount of $239,500.00. Because additional claims and counterclaims remain pending, final judgment will not issue at this time. (See Order.) Copy to Motraghi via US Mail. Signed by Judge Tanya Walton Pratt on 12/11/2020. (NAD)
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Filing
224
ORDER - GRANTING MOTION TO DISMISS DEFENDANT MAZYAR MOTRAGHI'S COUNTERCLAIM; The reasons explained, the Court GRANTS the Motion to Dismiss Filing No. 139 filed by Counterclaim Defendants Quality Leasing Co., Inc., Paul Fogle and Melissa Joh nson. Motraghi's counterclaim for "false claim" is DISMISSED with prejudice. In light of this Order, the Counterclaim Defendants' pending Motion for Summary Judgment on Motraghi's counterclaim Filing No. 187 is DENIED as moot. Final judgment will issue once all claims are resolved. Copy Mailed.. Signed by Judge Tanya Walton Pratt on 7/20/2020. *** SEE ORDER *** (CKM)
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