Roth, et al v. Jennings, et al
| Andrew E. derivatively on behalf of Metal Management, Inc. |
| T. Benjamin Jennings, European Metal Recycling Ltd. and Metal Management, Inc. |
| 1:2003cv07760 |
| October 2, 2003 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Theodore H. Katz |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
41
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND ADJUDGED as follows: The Report and Recommendation of United States Magistrate Judge Katz, dated October 15, 2008, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; T he Court directs that Judgment be entered against Defendant awarding Plaintiff $4,249,408.80 in damages for short-swing profits, and $1,590,140.81 in prejudgment interest, plus an additional $206,832.96 in prejudgment interest (to refl ect the 216 days between the date of the Report and today's date); The Court directs the Clerk of Court to close the docket for this case. The Court retains jurisdiction over this matter in order to hear any subsequent motion for attorney's fees. The Court further orders an extension of the 14 day time limit for fee applications under Fed. R. Civ. P 54(d) (2) (B) to ninety (90) days from the date of this ORDER. Plaintiff's counsel shall make a motion for attorneys fees or submit a status update letter within ninety (90) days of the date of this ORDER or any entitlement to fees SHALL BE WAIVED. (Signed by Judge Deborah A. Batts on 5/21/2009) (jmi)
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