Advanced Marketing Group, Inc. v. Business Payment Systems LLC

Justia Dockets & Filings Second Circuit New York Southern District Advanced Marketing Group, Inc. v. Business Payment Systems LLC

Advanced Marketing Group, Inc. v. Business Payment Systems LLC

Case Number:	1:2005cv09121
Filed:	October 26, 2005
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Frank Maas
Presiding Judge:	Victor Marrero
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 3, 2013	Filing 96 DECISION AND ORDER: The Report and Recommendation of Magistrate Judge Frank Maas dated December 10, 2012 (Docket No. 95) is adopted in its entirety, and the objections (Docket No. 94) of plaintiff, Advanced Marketing Group, Inc. ("AMG") are DENIED. The Clerk of Court is directed to enter judgment in favor of AMG and in against defendant Business Payment Systems, LLC in the amount of $79,930.61, and to close this case. (Signed by Judge Victor Marrero on 1/3/2013) (ft)
December 10, 2012	Filing 95 CORRECTED REPORT AND RECOMMENDATION TO THE HONORABLE VICTOR MARRERO. For the reasons set forth above, AMG has failed to establish with reasonable certainty through admissible evidence its entitlement to any damages. Nonetheless, in its post-hearing b riefing, BPS states that it will not contest the entry of a judgment in the amount of $79,930.61. For this reason, although AMG has failed to prove its damages adequately, I recommend that judgment be entered in favor of AMG against BPS in the a mount of $79,930.61. (Since it appears that BPS is no longer in business, the only conceivable utility of this judgment will be as a setoff to any claims that MCP may bring against AMG in BPS's name.). Notice of Procedure for Filing of Objections to this Report and Recommendation is set forth herein. Objections to R&R due by 1/2/2013. (Signed by Magistrate Judge Frank Maas on 12/10/2012) Copies Sent By Chambers. (ja)

Date Filed

Document Text

January 3, 2013

Filing 96 DECISION AND ORDER: The Report and Recommendation of Magistrate Judge Frank Maas dated December 10, 2012 (Docket No. 95) is adopted in its entirety, and the objections (Docket No. 94) of plaintiff, Advanced Marketing Group, Inc. ("AMG") are DENIED. The Clerk of Court is directed to enter judgment in favor of AMG and in against defendant Business Payment Systems, LLC in the amount of $79,930.61, and to close this case. (Signed by Judge Victor Marrero on 1/3/2013) (ft)

December 10, 2012

Filing 95 CORRECTED REPORT AND RECOMMENDATION TO THE HONORABLE VICTOR MARRERO. For the reasons set forth above, AMG has failed to establish with reasonable certainty through admissible evidence its entitlement to any damages. Nonetheless, in its post-hearing b riefing, BPS states that it will not contest the entry of a judgment in the amount of $79,930.61. For this reason, although AMG has failed to prove its damages adequately, I recommend that judgment be entered in favor of AMG against BPS in the a mount of $79,930.61. (Since it appears that BPS is no longer in business, the only conceivable utility of this judgment will be as a setoff to any claims that MCP may bring against AMG in BPS's name.). Notice of Procedure for Filing of Objections to this Report and Recommendation is set forth herein. Objections to R&R due by 1/2/2013. (Signed by Magistrate Judge Frank Maas on 12/10/2012) Copies Sent By Chambers. (ja)

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