Marathon Projects Ltd. v. Creative Designs International, Ltd.
| Marathon Projects Ltd. |
| Creative Designs International, Ltd. |
| Marathon Projects Ltd. |
| Creative Designs International, Ltd. |
| 1:2010cv02396 |
| March 17, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert P. Patterson |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
41
OPINION AND ORDER: Plaintiff has established that there is no genuine issue of material fact with regard to Defendants continuing obligation to pay Plaintiff commissions as set forth in the ARCA, and Plaintiff is entitled to summary judgment on its c laim of breach of contract as a matter of law. Defendants counterclaims for restitution and declaratory judgment are dismissed in their entirety. Accordingly, Plaintiff is awarded a judgment declaring that it is not liable to CDI for disgorgement or restitution of any payments made under the ARCA. Plaintiffs motions for sanctions under 28 U.S.C. § 1927 and Fed. R. Civ. P. 11 against Defendants attorneys and their firm, Feder Kaszovitz LLP, are granted. Plaintiff is directed to submit a Form of Judgment, within 10 days, and with 3-day notice to Defendant, regarding the amount of damages to be paid for unpaid commissions and for future commissions due and payable under the ARCA. Plaintiff's motion for attorneys' fees, awarded hereby as sanctions under 28 U.S.C. § 1927 and Rule 11, shall be filed within 30 days. So Ordered (Signed by Judge Robert P. Patterson on 3/16/2011) (js)
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