Stone Key Partners LLC et al v. Monster Worldwide, Inc.
| Stone Key Partners LLC and Stone Key Securities |
| Monster Worldwide, Inc. |
| 1:2017cv03851 |
| May 22, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
116
OPINION AND ORDER re: 55 MOTION in Limine . filed by Stone Key Securities LLC, Stone Key Partners LLC, 61 MOTION in Limine to Exclude Testimony of Matthew Nimetz. filed by Monster Worldwide, Inc. For the reasons st ated above, the Court concludes that Stone Key failed to carry its burden to show that Monster breached the terms of the Engagement Letter by refusing to pay Stone Key fees in connection with JobKorea I, JobKorea II, or the Randstad Transaction. In particular, the Court holds, first, that Stone Key's engagement had ended by August 1, 2013, thereby precluding any claim for fees arising out of JobKorea II or the Randstad Transaction; and second, that Stone Key is not entitled to a fee fo r JobKorea I, even though the transaction occurred during the tail period, because the transaction did not qualify as a "Partial Sale Transaction" and because the fee provision is an unenforceable agreement to agree. Accordingly, Monster is entitled to judgment on Stone Key's first three claims. By contrast, with respect to its fourth claim, Stone Key did prove that it is entitled to $37,267.50 for its out-of-pocket expenses, plus 9% prejudgment interest as of Februa ry 13, 2017. The parties shall confer and, no later than two weeks from the date of this Opinion and Order, file an agreed-upon proposed judgment consistent with this Opinion and Order. The Clerk of Court is directed to terminate 17-CV-3851, Docket Nos. 55 and 61. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/2018) (ne)
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