Taub et al v. Marchesi Di Barolo S.P.A.
| David S. Taub and Marc Taub |
| Marchesi Di Barolo S.P.A. |
| 2:2009cv00599 |
| February 12, 2009 |
| US District Court for the Eastern District of New York |
| Contract: Other Office |
| Nassau |
| E. Thomas Boyle |
| Thomas C. Platt |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Other Contract |
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Filing
254
MEMORANDUM OF DECISION AND ORDER - Based on the foregoing, it is hereby ORDERED that the Clerk of the Court is directed to add to the verdict amount, post-verdict prejudgment interest in favor of the defendant Marchesi Di Barolo S.P.A., in the amount of $4,868.13. Ordered by Judge Arthur D. Spatt on 8/22/2012. Copy of "Decision" forwarded to the Judgment Clerk. (Coleman, Laurie)
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Filing
252
MEMORANDUM OF DECISION AND ORDER - Based on the foregoing, it is hereby ORDERED, that the application by the defendant Marchesi Di Barolo S.P.A. for a Bill of Costs, is granted only to the following extent and as to the following sums as taxable cost s: (1) Daily Transcripts $20,063.31 (2) Depositions $17,442.52 (3) Statutory Witness Fees for Trial and Subsistence for three Witnesses $ 1,222.50 (4) The Interpreter $10,800.00 (5) Service of Subpoenas $1,364.00 TOTAL TAXABLE COSTS ALLOWED $50,892.33 It is further ORDERED, that the Clerk of the Court is directed to add these costs to the judgment to be entered in this case. Ordered by Judge Arthur D. Spatt on 8/13/2012. (Coleman, Laurie)
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Filing
239
JUDGMENT - ORDERED AND ADJUDGED that the motion by the plaintiffs Palm Bay International and David and Marc Taub for judgment as a matter of law, pursuant to Fed. R. Civ. 50(b), or for a new trial pursuant to Fed. R. Civ. 59 (1) as to the plaintiff P alm Bay cause of action for breach of the implied warranty of merchantability and (2) as to the third counterclaim based on the Dispute Resolution Provision in the Importation Agreement is denied; that the motion by the plaintiffs for judgment as a m atter of law pursuant to Fed. R. Civ. 50(b) as to the sixth counterclaim against David Taub and Marc Taub for breach of their fiduciary duty in instructing Palm Bay to take the set-off is granted; that the sixth counterclaim is dismissed as a matter of law; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk, on 7/15/11. (Coleman, Laurie)
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Filing
238
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 207 Motion for Judgment as a Matter of Law. The motion as to the plaintiff Palm Bay's cause of action for breach of the implied warranty of merchantability; and as to the t hird counterclaim based on the Dispute Resolution Provision in the Importation Agreement are both denied. The motion as to the sixth counterclaim against David Taub and Marc Taub for breach of their fiduciary duty in instructing Palm Bay to take the set-off is granted. The sixth counterclaim is dismissed as a matter of law. The Clerk of the Court is directed to enter judgment in accordance with this decision and to close the case. Ordered by Senior Judge Arthur D. Spatt on 7/11/2011. c/m - judgment clerk notified (Mahon, Cinthia) Modified docket text on 7/11/2011 (Mahon, Cinthia).
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