Empire Merchants, LLC v. Merinoff et al
| Empire Merchants, LLC |
| Charles Merinoff and Gregory Baird |
| 1:2016cv09590 |
| December 12, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Jesse M. Furman |
| Other Contract |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
102
OPINION AND ORDER re: 81 MOTION /Application for an Award of Damages re: 64 Order, Set Deadlines 77 Order. filed by Empire Merchants, LLC, 85 MOTION for Attorney Fees. filed by Charles Merinoff, Gregory Ba ird. For the reasons stated above, both Empire's motion for damages and Defendants' motion for advancement are GRANTED, but each award is fixed at a reduced amount. Empire is awarded $299,122.95 in damages for Defendants' breach o f contract, while Defendants are entitled to $318,455.71 (the total of $228,630.69 in advancement and $89,825.02 in fees-on-fees). In light of the offsetting awards, unless either party objects within one week, Empire shall pay Defend ants, within three weeks of the date of this Opinion and Order, $19,332.76 (that is, the difference between $299,122.95 and $318,455.71). One housekeeping issue remains: Defendants sought leave to file several unredacted exhibits und er seal, and the Court temporarily granted that request. (Docket No. 95). Because the redacted information played little role in the Court's decision and the documents "discuss sealed filings in Maryland," Defendants' application is granted permanently. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Clerk of Court is directed to terminate Docket Nos. 81 and 85. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/27/2018) (ne)
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Filing
75
MEMORANDUM OPINION AND ORDER re: 68 MOTION for Reconsideration re; 64 Order, MOTION for Judgment on the Pleadings, filed by Charles Merinoff, Gregory Baird, 65 MOTION for Reconsideration re; 62 Memorandum & Opinion, f iled by Charles Merinoff, Gregory Baird. Defendants' motions for reconsideration or, in the alternative, partial judgment on the pleadings are denied, except to the extent that they seek a ruling that they are entitled to advancement for the ir fees and expenses in connection with litigating Empires pre-amendment claims. The parties shall promptly meet and confer to discuss the amount to which Defendants are entitled on that score and, if that amount is disputed, a means to resolve th e dispute. The parties shall file a joint letter addressing those issues within two weeks of the date of this Memorandum Opinion and Order. The Clerk of Court is directed to terminate Docket Nos. 65 and 68. (Signed by Judge Jesse M. Furman on 1/4/2018) (ras)
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Filing
62
OPINION AND ORDER re: 38 MOTION for Judgment on the Pleadings / Plaintiff's Motion for Partial Judgment on the Pleadings, filed by Empire Merchants, LLC, 41 MOTION for Judgment on the Pleadings, filed by Charles Me rinoff, Gregory Baird. Empire's motion for partial judgment on the pleadings is GRANTED, and Merinoff and Baird's motion is DENIED. The parties shall promptly meet and confer and, no later than November 15, 2017, submit a joint letter to the Court proposing the next steps in this litigation and whether the Court should hold a conference. The Clerk of Court is directed to terminate Docket Nos. 38 and 41, and as further set forth herein. (Signed by Judge Jesse M. Furman on 11/8/2017) (ras)
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