Gallagher's NYC Steakhouse Franchising, Inc. v. NY Steakhouse Of Tampa, Inc. et al
| Gallagher's NYC Steakhouse Franchising, Inc. |
| NY Steakhouse Of Tampa, Inc., James Tully and Mitchell J. Walker |
| 1:2011cv01456 |
| March 3, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Franchise |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
34
MEMORANDUM OPINION AND ORDER re: 27 MOTION for Reconsideration re; 25 Memorandum & Opinion filed by Mitchell J. Walker, NY Steakhouse Of Tampa, Inc., James Tully. For the reasons set forth above, Defendants' motion for reconsideration is den ied, and Plaintiff is entitled to attorneys' fees in the amount of $40,693.65. The Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendants in the total amount of $158,861. 49, consisting of $106,393.27 in damages, $11,774.57 in interest, and $40,693.65 in attorneys' fees and costs. (Signed by Magistrate Judge Theodore H. Katz on 12/29/2011) (lmb)
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Filing
25
MEMORANDUM OPINION & ORDER granting re: 12 MOTION for Summary Judgment filed by Gallagher's NYC Steakhouse Franchising, Inc., denying 21 MOTION for Leave to File Amended Answer and Counterclaim Instanter filed by Mitchell J. Walker, N Y Steakhouse Of Tampa, Inc., James Tully. Plaintiffs are entitled to summary judgment on their claims for breach of contract and breach of the personal guarantee. Defendants are therefore jointly and severally liable for damages in the amount of 6;106,393.27, plus interest in the amount of $11,774.57. By no later than December 16, 2011, Plaintiff must submit additional documentation to enable the Court to determine the reasonableness of the requested attorneys fees. Any opposition by Defendants must be submitted by December 23, 2011. Judgment will not be entered until the attorneys fees are determined. (Signed by Magistrate Judge Theodore H. Katz on 12/5/2011) (cd)
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