Carco Group, Inc. et al v. Maconachy
| 2:2005cv06038 |
| December 27, 2005 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Leonard D. Wexler |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
238
MEMORANDUM AND ORDER: see attached document for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/1/2011. c/ecf (Imrie, Robert)
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Filing
191
ORDER re 159 : See attached Memorandum and Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/19/2011. c/ecf (Johnston, Linda)
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Filing
171
ORDER re 166 169 170 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 1/18/2011. c/ecf (Johnston, Linda)
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Filing
164
ORDER re 162 163 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/22/2010. c/ecf (Johnston, Linda)
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Filing
60
OPINION AND ORDER: Having considered all of the evidence and testimony presented at bench trial, the court finds in favor of plaintiff Carco and directs the Clerk of Court to enter judgment as follows: (1) awarding $901,645 to Carco under its br each of contract claims, constituting Carco's economic loss between November 17, 2000 and December 31, 2002; (2) awarding $889,711 to Carco under its breach of fiduciary duty claims, which constitutes forfeiture of the compensation paid to Maconachy during his period of disloyalty from September 26, 2003 to December 28, 2005; (3) dismissing Carco's breach of warranty claim; (4) awarding Carco attorneys' fees, in an amount to be determined; (5) awarding Carco prejudgment inter est at the simple rate of 9% per annum calculated from: (a) December 9, 2001 on Carco's breach of contract claims; and (b) November 11, 2004 on Carco's breach of fiduciary duty claims; and (6) awarding Carco a declaratory judgment unde r 28 U.S.C. § 2201 stating that Maconachy is not entitled to any future monthly payments under the Asset Purchase Agreement nor any future compensation pursuant to the Employment Agreement. No later than May 5, 2009, Carco is directed to submit an affidavit(s) detailing its attorneys' fees. Maconachy may submit any objections to the calculation of attorneys' fees no later than May 12, 2009, upon which the undersigned will amend the judgment to include the appropriate amount. Ordered by Magistrate Judge Arlene R. Lindsay on 4/21/2009. (c/ecf) (Warshaw, Aaron)
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