Franklin Stainless Corp. v. Select Stainless, L.L.C.

Justia Dockets & Filings Second Circuit New York Eastern District Franklin Stainless Corp. v. Select Stainless, L.L.C.

Franklin Stainless Corp. v. Select Stainless, L.L.C.

Plaintiff:	Franklin Stainless Corp.
Defendant:	Select Stainless, L.L.C.
Case Number:	2:2012cv03508
Filed:	July 16, 2012
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	E. Thomas Boyle
Presiding Judge:	Denis R. Hurley
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 17, 2013	Filing 25 ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court adopts the March 27, 2013 Report and Recommendation of Judge Boyle as if set forth herein. Accordingly, the Court hereby directs that plaintiff Franklin Stainless Corp. recover damages from defen dant Select Stainless, L.L.C. in the following amounts and that judgment be entered accordingly: (1) $387,314.08 in breach of contract damages; (2) $9,327.56 in anticipatory repudiation damages; (3) $37,913.50 in prejudgment interest o n its breach of contract damages, with additional interest to be calculated from March 27, 2013 through the date of judgment at a rate of $95.50 per day; (4) $676.20 in prejudgment interest on its anticipatory repudiation damages, with addi tional interest to be calculated from March 27, 2013 through the date of judgment at a rate of $2.30 per day; and (5) Post-judgment interest, to be calculated pursuant to 28 U.S.C. § 1961. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 4/17/2013. (Spatola, Richard)

Date Filed

Document Text

April 17, 2013

Filing 25 ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court adopts the March 27, 2013 Report and Recommendation of Judge Boyle as if set forth herein. Accordingly, the Court hereby directs that plaintiff Franklin Stainless Corp. recover damages from defen dant Select Stainless, L.L.C. in the following amounts and that judgment be entered accordingly: (1) $387,314.08 in breach of contract damages; (2) $9,327.56 in anticipatory repudiation damages; (3) $37,913.50 in prejudgment interest o n its breach of contract damages, with additional interest to be calculated from March 27, 2013 through the date of judgment at a rate of $95.50 per day; (4) $676.20 in prejudgment interest on its anticipatory repudiation damages, with addi tional interest to be calculated from March 27, 2013 through the date of judgment at a rate of $2.30 per day; and (5) Post-judgment interest, to be calculated pursuant to 28 U.S.C. § 1961. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 4/17/2013. (Spatola, Richard)

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Defendant: Select Stainless, L.L.C.
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Plaintiff: Franklin Stainless Corp.
Represented By:	Andre K. Cizmarik
Represented By:	Zachary Winthrop Silverman
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