The City of New York v. Golden Feather Smoke Shop, Inc. et al
| The City of New York |
| Golden Feather Smoke Shop, Inc., Kimo Smoke Shop, Inc., Smoke and Rolls Inc., Shawn Morrison, Kiana Morrison, Monique's Smoke Shop, Ernestine Watkins, Jessey Watkins, Wayne Harris, Peace Pipe Smoke Shop, Rodney Morrison, Sr., Charlotte Morrison, Red Dot & Feathers Smoke Shop, Inc., Raymond Hart, Smoking Arrow Smoke Shop, Denise Paschall, Tony D. Phillips, TDM Discount Cigarettes and Thomasina Mack |
| 1:2008cv03966 |
| September 29, 2008 |
| US District Court for the Eastern District of New York |
| Other Statutory Actions Office |
| Kings |
| Carol B. Amon |
| Joan M. Azrack |
| None |
| Federal Question |
| 28:1331 Fed. Question |
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The following documents for this case are available for you to view or download:
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Filing
474
MEMORANDUM AND ORDER: Considering all these factors together, the Court concludes that a substantial penalty award against Phillips is warranted but that the maximum penalty amount requested by the City should be moderated somewhat to take into acco unt the existence of the forbearance policy, the reduced need for a deterrent effect, the City's settlement with Paschall and Smoking Arrow and Phillips's slightly diminished role at Smoking Arrow during the time period on which the penalty award is based. Accordingly, the Court awards the City $475,000 in civil penalties against defaulting defendant Tony D. Phillips. The Clerk of Court is directed to enter judgment accordingly. Ordered by Chief Judge Carol Bagley Amon on 9/30/13. (fwd for judgment) (Fernandez, Erica) (Main Document 474 replaced on 10/1/2013) (Fernandez, Erica).
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Filing
468
CORRECTED MEMORANDUM & ORDER: This corrected M&O reflects a change correcting a typographical error in the Courts original M&O issued March 29, 2013 (DE #457). No change has been made to the substance of the opinion. So Ordered by Chief Judge Carol Bagley Amon on 6/20/2013. (Lakin, Sophia)
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Filing
457
MEMORANDUM & ORDER re 424 and 427 Cross-Motions for Summary Judgment. For the reasons stated, the Court concludes the following: As to defendant Phillips, the City is directed to clarify whether it is still seeking monetary relief against him, a nd if so, to submit further damages briefing. As to the Peace Pipe, TDM, and Red Dot defendants, the Court finds that the City is entitled to summary judgment on (1) defendants liability under the CCTA and the CMSA, and (2) its requested permanent i njunction. In addition, the Court awards to the City (1) damages in the amount of $10,041,075 as against the Peace Pipe defendants and $450,000 as against the TDM defendants; (2) civil penalties as against the Red Dot defendants, the amoun t of which will be determined at a later hearing; and (3) attorneys fees, the amount of which will be determined in the first instance by Magistrate Judge Scanlon by report and recommendation. The Court further directs the City to confer with the Re d Dot defendants regarding any additional discovery to be exchanged, and the parties anticipated presentations at the civil penalties hearing. Within thirty (30) days of this Order, the parties should submit a joint pre-hearing order. Defendants cross-motion for summary judgment is denied. So Ordered by Chief Judge Carol Bagley Amon on 3/29/2013. (Lakin, Sophia)
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Filing
383
ORDER re 373 Letter filed by The City of New York The Citys request for 60 days of further discovery on the issues of liability, damages and other relief is GRANTED. This period will begin to run from January 3, 2012. At the close of the 60 d ays, the City should file a proposed briefing schedule for its motion. The Court will give defendant Watkins until January 17, 2012 to advise the Court whether there is any need for a hearing regarding the factual basis of the Citys damages analysis , or for further legal briefing on the issue of contempt sanctions. If Watkins fails to respond to this order, the Court will resolve the sanctions issue on the basis of the Citys papers. Ordered by Chief Judge Carol Bagley Amon on 12/30/2011. (Amon, Carol)
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Filing
372
ORDER directing the Clerk of Court to enter judgment against Rodney Morrison in the amount of $70,000.00 in compensatory contempt sanctions, in favor of the plaintiff City of NY. This judgment does not close this case or terminate Morrison as defendant.. Ordered by Chief Judge Carol Bagley Amon on 12/8/2011. (fwd for judgment) (Fernandez, Erica)
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Filing
364
ORDER directing that the City file an affidavit of mailing with the Court before the next scheduled status conference on 10/17/11; Having not received this payment, the City now requests permission to move for an entry of judgment on a separate docum ent in accordance with Rule 58(d) of the FRCP, so that the City may enforce its judgment against Morrison. The City's request is granted; The City also requests that a hearing date be scheduled to determine the amount of contempt damages to be awarded against Jesse Watkins. This matter should be raised at the 10/17/11 status conference (see order for details). Ordered by Chief Judge Carol Bagley Amon on 10/4/2011. (Fernandez, Erica)
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Filing
292
ORDER granting 218 Motion for Contempt The Court finds the defendants, Jesse Watkins Jr., Wayne Harris, and Rodney Morrison in contempt of the Courts August 25, 2009 injunction. The Court will issue a separate order setting forth a briefing schedule and scheduling a hearing to determine the appropriate amount of damages to be awarded or sanctions to be imposed. Ordered by Judge Carol B. Amon on 6/25/2010. (Amon, Carol)
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Filing
215
Moving Defendants' Appeal and Motion to Stay Discovery is denied. Discovery is to proceed in front of Magistrate Judge Azrack. ORDER denying 209 Motion for Discovery. Ordered by Judge Carol B. Amon on 11/25/2009. (Amon, Carol)
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Filing
179
ORDER granting 139 Motion for Preliminary Injunction; denying 157 Motion for Reconsideration ; denying 158 Motion for Reconsideration For the reasons set forth in the accompanying Findings of Fact and Conclusions of Law, defendants motion for reconsideration is denied and plaintiff's motion for a preliminary injunction is granted. The injunction is stayed for thirty days. Ordered by Judge Carol B. Amon on 8/25/2009. (Amon, Carol)
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Filing
153
MEMORANDUM AND ORDER re 149 , 148 , 150 . As set forth in the accompanying Memorandum and Order, if Defendants can make a motion for reconsideration under the appropriate governing standards, mindful of their obligations under Rule 11 of the Fede ral Rules of Civil Procedure, they may do so according to the following schedule. Defendants shall file their motion with the Court by July 15, 2009. The City shall file its opposition papers by July 24, 2009. Defendants shall file their reply by July 28, 2009. No submissions shall exceed ten (10) pages in length. In the event that Defendants make a motion for reconsideration, oral argument previously scheduled for July 22, 2009 shall be adjourned to July 30, 2009 at 11:00 A.M. and shall address all pending motions. Ordered by Judge Carol B. Amon on 7/9/2009. (Herman, David)
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Filing
101
MEMORANDUM AND ORDER re 94 , 95 . Defendants have made an application for reconsideration of this Court's order dated March 16, 2009. At the appropriate time the Court will set a schedule for this motion if defendants wish to pursue it. The parties are actively involved in preparations for preliminary injunction proceedings, and the Court will not disrupt those preparations now. Ordered by Judge Carol B. Amon on 4/2/2009. (Herman, David)
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Filing
88
MEMORANDUM AND ORDER deferring ruling on 30 Motion for Preliminary Injunction; denying 51 Motion to Dismiss for Lack of Jurisdiction. For the reasons set forth in the accompanying Memorandum and Order, defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is denied. The Court has scheduled an evidentiary hearing on the City's motion for a preliminary injunction and defers decision on the City's motion until after that hearing. So Ordered by Judge Carol B. Amon on 3/16/2009. (Amon, Carol)
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