Bergheim et al v. Sirona Dental Systems, Inc. et al
| Olav Bergheim and Gharib Morteza |
| Sirona Dental Systems, Inc. and Arges Imaging Inc. |
| 1:2016cv01692 |
| March 4, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Arbitration |
| 9 U.S.C. ยง 9 |
| None |
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Filing
33
MEMORANDUM OPINION AND ORDER: re: 20 MOTION to Vacate Arbitration Award dated January 11, 2016 filed by Sirona Dental Systems, Inc., Arges Imaging Inc., 6 MOTION for Judgment PETITIONERS NOTICE OF MOTION FOR AN ORDER AND JUDGMENT RECOGNIZING AND CONFIRMING ARBITRATION AWARD filed by Gharib Morteza, Olav Bergheim. For the foregoing reasons, Petitioners' motion to confirm the Award is granted and Respondents' cross-motion to vacate the Award is denied. Judgment will therefore be entered in favor of Petitioners and against Respondents, jointly and severally, as follows:(1) for the Accuracy Earn-Out, $3,000,000, plus simple interest at the rates prescribed by Delaware law from October 23, 2012, through the date of this Order, for a total of $3,742,089.04; and (2) for the Revenue Earn-Out, a total of $4,055,927, plus simple interest at the rates prescribed by Delaware law as follows:(a) on $97,562, from October 1, 2013, throug h the date of this Order, plus (b) on $700,234, from October 1, 2014, through the date of this Order, plus(c) on $945,076, from October 1, 2015, through the date of this Order, plus(d) on the remaining $2,313,055, from January 11, 2016 , through the date of this Order, for a total of $4,388,683.15; and (3) for attorneys' fees and costs associated with the arbitration, a total of $1,087,572, plus simple interest at the rates prescribed by Delaware law from January 11, 2016, through the date of this Order, for a total of $1,155,634.64. Petitioners may file a motion requesting attorneys fees and costs incurred in connection with these award confirmation proceedings pursuant to Federal Rule of Civil Procedure 5 4(d).The Clerk of Court is respectfully requested to enter judgment in favor of Petitioners in the total amount of $9,286,406.83, and close this case. This Memorandum Opinion and Order resolves docket entry nos. 6 and 20. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/24/2017) (ama)
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