Vista Food Exchange, Inc. v. Lawson Foods, LLC
| Vista Food Exchange, Inc. |
| Lawson Foods, LLC |
| 1:2017cv07454 |
| September 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Andrew L. Carter |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
315
ORDER: The Court is in receipt of the parties' recent letters. ECF Nos. 312-314. Plaintiff's request is hereby denied without prejudice. The parties are ordered to file a joint status report by February 22, 2024. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/8/2024) (ks)
|
|
Filing
308
ORDER HOLDING LAWSON FOODS, LLC AND CORPORATE OFFICER SIMON LAW IN CONTEMPT OF COURT AND IMPOSING DAILY FINES. The Court has determined that Vista's application for an adjudication of contempt should be GRANTED.Accordingly, it is hereby:ORDERE D that Simon Law, as Managing Member and the person in control of Lawson Foods, LLC, is responsible for Lawson Foods, LLC's willful pattern of contempt and non- compliance with the Court's prior contempt orders, including the final judgment not paid by Lawson Foods, LLC, and is also responsible for Lawson Foods, LLC's compliance with the terms of this Order;ORDERED that Lawson Foods, LLC, and Simon Law, solely in his capacity as Managing Member, are in willful civil contempt for L awson Foods, LLCs complete failure to timely comply with the Court's clear directive in its final Amended Judgment dated October 26, 2023 (ECF No. 277) that Lawson Foods, LLC pay to Vista Court-ordered attorney's fees for its prior civil co ntempt in the amount of $314,576.00 within 30 days of said Amended Judgment. To date, Lawson has only paid $5,810.25 towards the attorney's fees in the Amended Judgment, bringing its outstanding balance to $308,765.75;ORDERED that the Court hereby imposes civil contempt fines against Lawson Foods, LLC and Simon Law as a corporate officer to be paid to Vista Food Exchange, Inc. in the aggregate amount of $60,000.00 for the period from November 27, 2023, through December 2 7, 2023, and the daily fine amount shall be $2,000.00 per day for each date of continuing non-compliance thereafter, until all sums awarded here are paid in full;ORDERED that in addition to the daily fines awarded above, Lawson Foods, LLC is als o ordered to forthwith pay to Vista, the sum of $308,765.75 plus additional attorney's fees and expenses payable directly by Lawson to Vistas counsel Jonathan C. Scott P.C. in the amount of $241,285.00.ORDERED that the Court expressly retains jurisdiction over any and all further contempt proceedings in this case.The Clerk of the Court is respectfully directed to file this order in the related matter 21-CV-04689. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/8/24) (yv) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
307
AMENDED CONFERENCE ORDER: A Telephone Status Conference is set for December 27, 2023, at 3:00 p.m. Eastern Time. The parties should contact the Court at 1-888-363-4749 on the date and time specified above and once prompted, should dial access code 3768660. ( Telephone Conference set for 12/27/2023 at 03:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/27/2023) (ate)
|
|
Filing
301
ORDER granting 299 Letter Motion for Extension of Time to File. The Court is in receipt of the parties' letters, ECF Nos. 299-300, regarding Defendant's motion to extend time to supplement the record. The motion is hereby DENIED. (Signed by Judge Andrew L. Carter, Jr on 12/26/2023) (ate)
|
|
Filing
284
CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Wednesday, December 6, 2023 at 4:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 12/6/2023 at 04:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/29/2023) (ate)
|
|
Filing
282
ORDER: The parties are ordered to file a joint status report regarding the status of collection of the final the judgment in this case and the contempt award by November 27, 2023. (Signed by Judge Andrew L. Carter, Jr on 11/17/2023) (ate)
|
|
Filing
280
ORDER The Court is in receipt of Defendant Simon Law's notice of bankruptcy. ECF No. 279. The parties are ordered to file a joint status report regarding how Laws bankruptcy petition will affect collection of the judgment in this case by November 6, 2023. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/1/2023) (jca)
|
|
Filing
277
AMENDED JUDGMENT: On April 3, 2023, the Clerk of this Court entered judgment in favor of Plaintiff Vista Food Exchange, Inc. against Defendant Lawson Foods, LLC and marked the case closed. Plaintiff Vista Food Exchange, Inc. subsequently made a t imely motion pursuant to Rule 59(e) to alter or amend the judgment and on October 23, 2023, the Court granted the motion and ordered the Clerk to amend the judgment. Because the Clerk's Amended Judgment of October 24, 2023, failed to conform t o the Court's October 23, 2023, order, the Court hereby VACATES the Clerk's Amended Judgment of October 24, 2023, and enters this Amended Judgment as follows: It is hereby ORDERED, ADJUDGED AND DECREED: that Plaintiff's motion under F ed. R.Civ. P. 59(e) [ECF No. 264], is GRANTED. As such, Plaintiff's motion to expedite [ECF No.268] is dismissed as moot. It is further ORDERED, ADJUDGED AND DECREED: that for the reasons stated in the Court's Amended Order dated April 5, 2023, and the Court's October 23, 2023, order granting Plaintiff's Rule 59(e) motion, Magistrate Judge Sarah Netburn's March 14, 2022, Report and Recommendation is adopted. The Court finds that Defendant Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, are jointly and severally liable to Plaintiff Vista Food Exchange, Inc., in the total amount of $3,120,377.46. This total judgment amount is comprised of (1) $1,295,974 in compensatory damages, (2) $861,840.46 in pre-judgment interest on the compensatory damages calculated from June 6, 2016 (the breach date as determined by Magistrate Judge Netburn), to October 25, 2023 ($1,295,974 x.09 = $116,637.66 365 = $319.555232876 per day x 2697 day s), (3) $647,987 in punitive damages, and (4) $314,576 in attorney's fees. In November 2019, the Court found Defendant Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, to be in contempt of the Court and jointly and severally liab le to pay Plaintiff Vista Food Exchange, Inc. a contempt award in the total amount of $392,376, representing $314,576 in attorney's fees and $77,800 in accrued daily contempt fines, with the accrued daily contempt fines being sepa rate and apart from the Court's above judgment. It is hereby further ORDERED, ADJUDGED AND DECREED that Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, jointly and severally, shall pay the unpaid portion of the Court's prior contempt award of $392,276 to Plaintiff Vista Food Exchange, Inc. within 30 days of the date of this Amended Judgment, or face possible further civil contempt proceedings. The Court shall retain jurisdiction over any further contempt proceedings. It is further ORDERED, ADJUDGED, AND DECREED that post judgment interest is payable on the above judgment amounts pursuant to 28 U.S.C. § 1961 calculated from the date of judgment to the date of payment. The Court orders execution to issue for this Am ended Judgment. This Amended Judgment is a FINAL judgment. The Clerk of the Court is respectfully directed to file this judgment in both 17-cv-07454 and 21-cv-04689. (Signed by Senior Circuit Judge Jose A Cabranes on 10/26/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
275
Vacated as per Judge's Order dated 10/26/2023, Doc. #277 CLERK'S AMENDED JUDGMENT amending 274 Order on Motion to Alter Judgment, Order on Motion to Expedite, in favor of Vista Food Exchange, Inc. against Lawson Foods, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 23, 2023, Amended Order dated April 5, 2023, Magistrate Judge Sarah Netburns March 14, 2022 Report and Recomme ndation is adopted. For the reasons stated above, Plaintiff's motion, ECF No. 264, is GRANTED. As such, Plaintiff's motion to expedite, ECF No. 268, is dismissed as moot. (Signed by Clerk of Court Ruby Krajick on 10/24/2023) (Attachments: # 1 Appeal Package) (tp) Modified on 10/24/2023 (tp). Modified on 10/26/2023 (ate).
|
|
Filing
274
ORDER granting 264 Motion to Alter Judgment re: 264 MOTION to Alter Judgment ., 268 LETTER MOTION to Expedite addressed to Judge Andrew L. Carter, Jr. from Jonathan Scott dated July 20, 2023. ; dismissing as moot [ 268] Letter Motion to Expedite. For the reasons stated above, Plaintiff's motion, ECF No. 264, is GRANTED. As such, Plaintiff's motion to expedite, ECF No. 268, is dismissed as moot. The Clerk of the Court is respectfully directed to terminate the open motions at ECF No. 264 and 268. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/23/2023) (tg)
|
|
Filing
273
CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Friday, September 29, 2023 at 10:30 AM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 9/29/2023 at 10:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 9/26/2023) (ate)
|
|
Filing
272
CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Tuesday, September 26, 2023 at 2:00 PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. ( Telephone Conference set for 9/26/2023 at 02:00 PM before Judge Andrew L. Carter Jr. ) (Signed by Judge Andrew L. Carter, Jr on 9/20/2023) (vfr)
|
|
Filing
265
ORDER: The Court is in receipt of Plaintiff Vista Food Exchange, Inc.'s motion under Rule 59(e) to amend the clerk's judgment. Defendant is ORDERED to respond to Plaintiff's motion no later than May 3, 2023. ( Responses due by 5/3/2023) (Signed by Judge Andrew L. Carter, Jr on 4/19/2023) (ate)
|
|
Filing
262
AMENDED ORDER ADOPTING JUDGE NETBURN'S REPORT & RECOMMENDATION for 253 Report and Recommendations. For the above reasons, the Court adopts Magistrate Judge Sarah Netburn's March 14, 2022 Report and Recommendation. The Court finds Laws on Foods LLC liable for $2,258,537, plus applicable interest, broken down as: $1,295,974 in compensatory damages, plus 9% prejudgment simple interest, calculated from June 6, 2016, to the date of judgment; $647,987 in p unitive damages; $314,576 in attorneys' fees; and post-judgment interest pursuant to 28 U.S.C. § 1961 on the amount of $2,258,537, calculated from the date of judgment until the date of Lawson's payment. In addition, th e Court holds that the civil contempt fine of $100 per day starting on October 15, 2018, and ending on November 30, 2020, that was imposed jointly and severally upon Fortress Foods, Lawson, and Simon Law in Judge Netburn's Order of Novem ber 1, 2019 (ECF No. 172) is separate and apart from the above damages judgment, attorneys' fees, and statutory interest. The Court finds Lawson Foods LLC liable for $77,800 to be added on to the judgment total after the calculation of interest. The Clerk of Court is respectfully directed to enter judgment and close the case. (Signed by Judge Andrew L. Carter, Jr on 3/31/2023) (vfr) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
250
ORDER: Plaintiff's proposed findings of fact and conclusions of law assert, without a supporting citation, that Virginia law governs the parties' May 25, 2016 agreement. ECF No. 239 ¶ 37. In response to this assertion, Defendant " refers all questions of law to the Court." ECF No. 247 at 28. No later than February 16, 2022, Plaintiff shall file a letter not to exceed two pages that sets forth the basis for Plaintiff's claim that Virginia law applies to the May 25, 2016 agreement. Any response by Defendant is due on February 18, 2022 and may not exceed two pages. (Signed by Magistrate Judge Sarah Netburn on 2/14/2022) (ras)
|
|
Filing
238
ORDER DENYING re: 227 EMERGENCY MOTION for Bond Sufficient to Secure any Judgment.EMERGENCY MOTION to Direct Imposition of Provisional Remedies Under Fed R Civ P 64(a), New York CPLR 5529, New York CPLR 6201(3) Against Simon Law and Lason Foods and Certain New York City Real Property, and for Order Requiring Lawson and Law to bEMERGENCY MOTION for Attachment all remaining assets of Lawson Foods, LLC and Simon Law . filed by Vista Food Exchange, Inc. For reasons st ated at today's show cause hearing, Plaintiff's Rule 64 Motion for provisional remedies is hereby DENIED in its entirety. The Clerk of Court is respectfully directed to terminate ECF No. 227. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/20/2021) (rj)
|
|
Filing
233
ORDER: In accordance with the Court's order to redact certain information in ECF No. 228 (ECF No. 230), the Court is now in receipt of the redacted documents at ECF No. 232. The Clerk of Court is directed to maintain the documents at ECF No. 228 under seal. (Signed by Judge Andrew L. Carter, Jr on 5/6/2021) (nb)
|
|
Filing
230
ORDER denying 229 Letter Motion to Seal. The motion to seal is hereby DENIED. Plaintiff is directed to redact the information regarding C.A.L. discussed above and refile as soon as possible but no later than May 7, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) (rj)
|
|
Filing
223
ORDER denying 221 MOTION Revised Motion on Jurisdiction of Magistrate Judge to Hear and Determine Damages Inquest and Enter Final Order and for Entry of Order Referring the Remaining Proceedings to Judge Sarah Netburn. For the reasons above, Plaintiff's motion is DENIED. If the parties wish to consent to Judge Netburn's jurisdiction for all purposes, including entry of judgment, they must do so pursuant to a new Consent to Jurisdiction indicating as much. See Dkt. 220. The Co urt advises the parties that they "are free to withhold consent without adverse substantive consequences." Stevens, 832 F.3d at 153. Unless a new Consent to Jurisdiction is filed, the Parties will proceed with the inquest before Judge Netburn pursuant to the Amended Order of Reference, Dkt. 209. The Clerk of Court is respectfully directed to close the motion at Dkt. 221. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/9/2021) (mml)
|
|
Filing
220
ORDER: In response to the parties' letters filed on March 30th and 31st, 2021, (ECF Nos. 218, 219), the parties are directed to meet and confer regarding whether they consent to my jurisdiction for all purposes, including trial, pursuant to 28 U.S.C. § 636(c). If the parties consent to my jurisdiction, they should file an executed Consent to Proceed Before a Magistrate Judge form for Judge Carter's approval, no later than April 7, 2021. If both parties do not consent, neither party is permitted to disclose who the non-consenting party is. (Signed by Magistrate Judge Sarah Netburn on 3/31/2021) (ras)
|
|
Filing
215
ORDER: A telephonic conference is scheduled for March 17, 2021, at 10:30 a.m., at which to set a briefing schedule for the resolution of the motion. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Scheduling Conference set for 3/17/2021 at 10:30 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/9/2021) (ras)
|
|
Filing
213
ORDER: The Court is in receipt of Plaintiff's Letter Application for Referral to Magistrate Judge Netburn, Dkt. 211, and Defendants response, Dkt. 212. The Court filed an Amended Order of Referral indicating that the inquest in this matter i s referred to Judge Netburn, Dkt, 209, consistent with its Opinion adopting Judge Netburn's Report and Recommendation, Dkt. 201. To the extend Plaintiff requests any further referral, the request is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/8/2021) (ks)
|
|
Filing
207
ORDER denying 203 Letter Motion to Compel: In its November 30, 2020 Opinion and Order, the Court indicated that it deemed further sanctions of Lawson, Law, and Fortress unnecessary. ECF No. 201 at 13. The Court still holds that position. Plaintiff's request for further sanctions is therefore DENIED. The Clerk of Court is respectfully directed to close ECF No. 203. (Signed by Judge Andrew L. Carter, Jr on 12/15/2020) (jwh)
|
|
Filing
201
OPINION AND ORDER for 197 Report and Recommendations. The Court reviews the remainder of the Report and Recommendation for clear error. Finding no clear error, the Court ADOPTS the Report and Recommendation in full. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/30/2020) (kv)
|
|
Filing
183
ORDER denying 176 Motion to Stay. Defendant's motion for a stay pending appeal is DENIED...Defendant has not met its burden of demonstrating that it is entitled to a stay of the Court's order pending appeal. (Signed by Magistrate Judge Sarah Netburn on 12/3/2019) (ras)
|
|
Filing
172
OPINION & ORDER: The Court finds that Fortress Foods and Lawson are in contempt of Court. The Court imposes a fine of $100 per day, starting on October 15, 2018. That fine is imposed jointly and severally upon Fortress Foods, Lawson and Simon Law. No order of contempt is entered against Hong Lin. Lawson may move to set aside this finding if it complies with the Court's prior orders and the subpoena served upon Fortress Foods within 14 days. If it does not comply, Lawson is warned t hat, upon Vista's application, the Court may enter a default and move this case to a determination of the amount of judgment. The parties are further ordered to meet and confer with respect to an appropriate award of attorney's fees as set forth herein. (Signed by Magistrate Judge Sarah Netburn on 11/1/2019) (ras)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Vista Food Exchange, Inc. v. Lawson Foods, LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Vista Food Exchange, Inc. | |
| Represented By: | Jonathan Cory Scott |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Lawson Foods, LLC | |
| Represented By: | Jonathan Daniel Lupkin |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
