PMJ Capital Corp. v. The Lady Antoinette et al
| PMJ Capital Corp. |
| Frank Bauco, Antoinette Bauco and The New York Athletic Club of The City of New York Inc. |
| 1:2016cv06242 |
| August 5, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Marine |
| 46 U.S.C. ยง 31325 |
| None |
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Filing
233
DEFAULT JUDGMENT in favor of PMJ Capital Corp., and against Antoinette Bauco, Frank Bauco; in favor of PMJ Capital Corp., and against The Lady Antoinette in the amount of $288,895.32. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 14, 2020, as of the date of the Order, no objections have been filed. The Court has reviewed the R & R for clear error and found none. The R & R is adopted in its entirety and PMJ Capital Corp .'s motion for default judgment is GRANTED against Defendants The Lady Antoinette and Frank and Antoinette Bauco. A default judgment in rem is entered against The Lady Antoinette and a default judgment in the amount of $288,895.32 is entered against Frank and Antoinette Bauco, jointly and severally; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/17/2020) (Attachments: # 1 Right to Appeal) (km).
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Filing
232
ORDER: for 230 Report and Recommendations,, As of the date of this Order, no objections have been filed. The Court thus reviews the R & R for clear error and finds none. The Court therefore adopts the R & R in its entirety and GRANTS PMJ Cap ital Corp.'s motion for default judgment against Defendants The Lady Antoinette and Frank and Antoinette Bauco. A default judgment in rem shall be entered against The Lady Antoinette and a default judgment in the amount of $288,895.32 sh all be entered against Frank and Antoinette Bauco, jointly and severally. This order resolves Dkt. No. 209. The Clerk of Court is respectfully directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/14/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
221
ORDER: Plaintiff's Motion for Default Judgment (ECF No. 209), which has been referred to me for a Report and Recommendation ("R&R") (ECF No. 213), contains a request for "attorneys' fees and costs to be established in acc ordance with Fed. R. Civ. P. 54." (Pl. Mem., ECF No. 210, at 14.) For purposes of judicial economy, and to avoid the need for two separate R&Rs, Plaintiff shall file its attorneys' fees application no later than January 30, 2020. Such app lication shall include the names and biographical information for the attorneys who worked on the matter, their hourly rates, the number of hours each attorney worked and an itemized daily description of their work performed. In addition, no late r than January 30, 2020, Plaintiff shall submit a letter setting forth its position on whether the Court has in rem jurisdiction in order to grant default judgment in rem against the Vessel, in circumstances where the res (i.e., the Vessel) alread y has been sold pursuant to a judicial sale under 46 U.S.C. § 31326(a). Any response by Defendants to Plaintiff's submission shall be made no later than February 6, 2020. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/23/2020) (rro)
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Filing
220
JUDGMENT AGAINST FRANK BAUCO: It is hereby ORDERED, ADJUDGED AND DECREED that, pursuant to the Court's Order dated and entered January 8, 2020 (ECF No. 217) which granted the motion of defendant, NEW YORK ATHLETIC CLUB OF THE CITY OF NEW YORK ("NYAC") for an award of attorneys' fees in the amount of $33,509.16 against defendant FRANK BAUCO, Judgment hereby is granted in favor of NYAC and against defendant FRANK BAUCO in the amount of $33,509.16. Frank Bauco terminated. (Signed by Judge Alison J. Nathan on 1/15/2020) (jca)
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Filing
217
ORDER for 186 Motion for Attorney Fees filed by The New York Athletic Club of The City of New York Inc., 208 Report and Recommendations. Objections to Judge Aaron's R & R were due by November 15, 2019. See Dkt. No. 208 at 5-6; see also 28 U.S.C. § 636(b)(l)(C); Fed. R. Civ. P. 72(b)(2). As of the date of this Order, no objections have been filed. The Court thus reviews the R & R for clear error and finds none. The Court therefore adopts the R & R in its entirety and GRANTS New York Athletic Club's motion for attorneys' fees in the amount of $33,509.16. This order resolves Dkt. No. 186. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/8/2020) (kv)
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Filing
214
ORDER: Plaintiff's Motion for Default Judgment (ECF No. 209) has been referred to me for a Report and Recommendation (ECF No. 213). In Plaintiff's Motion, it seeks damages, exclusive of attorneys' fees and costs, in the amount of & #036;144,203.32. The Court hereby notifies the parties that it intends to calculate damages based solely upon the written submissions. See Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 189 (2d Cir. 2015). To the extent that any party seeks an evidentiary hearing on the issue of damages, no later than January 10, 2020, such party must submit a letter to the Court setting forth the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. In addition, no later than January 10, 2020, Plaintiff shall submit to the Court: (1) the Default Letter referred to in paragraph 13 of the Joseph Declaration (ECF No. 211) as Exhibit E. The Exhibit E that is currently attached to the Joseph Declaration is a Public Notice Order Confirmation (ECF No. 2 11-5); and (2) a letter explaining why Plaintiff seeks interest at 2% per month (see Joseph Decl. 27), in circumstances where the Promissory Note provides for interest at the rate of 16% per year (ECF No. 211-1). SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/3/2020) (kl)
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Filing
203
OPINION AND ORDER re: 154 LETTER MOTION for Oral Argument regarding Defendants Frank Bauco and Antoinette Bauco filed a motion to modify this Courts Order of January 18, 2018, returnable on August 14, 2018 addressed to Judge Alison J. Nathan from Mitchell D. Cohen dat filed by PMJ Capital Corp., 149 MOTION for Release of Bond Obligation . filed by Antoinette Bauco, Frank Bauco. The Court denies the Baucos' motion to unconditionally vacate the default or mod ify the Court's prior order. The Court also hereby denies the Baucos' request for oral argument on this motion. See Dkt. No. 154. If the Baucos do not submit a letter to the Court within seven days of the date of this Opinion and Order info rming it that they have posted a bond in the amount of $92,749.92, the default will not be vacated. In any event, PMJ shall follow the briefing schedule for either a motion for default judgment or a motion for summary judgment set out in Magistrate Judge Aaron's Order dated June 12, 2019. Dkt. No. 199. This resolves Docket Numbers 149 and 154. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
158
MEMORANDUM OPINION AND ORDER. For the foregoing reasons, NYAC's motion for the entry of default judgment is granted only as to defendant Frank Bauco. The Court awards $55,016.07 in damages, plus interest at the rate of 9% per annum fro m October 26, 2016 through the date of this Order. NYAC may submit a request for attorneys' fees and costs together with supporting documentation within four weeks of the date of this Order. This resolves Docket Number 101. SO ORDERED. re: 101 MOTION for Default Judgment as to DEFENDANTS FRANK BAUCO AND ANTIONETTE BAUCO filed by The New York Athletic Club of The City of New York Inc. (Signed by Judge Alison J. Nathan on 9/29/2018) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing
88
MEMORANDUM OPINION & ORDER re: 73 CROSS MOTION to Set Aside Default and in Opposition to Plaintiff's Motion for Interlocatory Sale of Vessel filed by Antoinette Bauco, Frank Bauco, 55 MOTION for Interlocutory Sale of Ves sel Pursuant to Supplemental Rule E(9) filed by PMJ Capital Corp. The Court grants the Baucos' motion to vacate the default provided that the Baucos post a bond or other form of adequate security in the amount of $143,749.92. The Court denies PMJ's motion for an interlocutory sale of the Vessel. The Baucos are ordered to submit a letter to the Court within 3 days of posting the security informing the Court that they have done so. The Baucos are also ordered to file a n answer to PMJ's complaint within 14 days of the date of this Order. The parties are ordered to appear before the Court on March 9, 2018, at 3:30 p.m. for an initial pretrial conference. The parties are directed to submit a joint letter and pr oposed case management plan to the Court 7 days before that conference. This resolves Docket Numbers 55 and 73. (Initial Conference set for 3/9/2018 at 03:30 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/17/2018) (mml)
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