Prendergast et al v. Quesada et al
| Nick Prendergast and Greater New York Transport Corporation |
| Raul Quesada and J.A.A.R. Transport, Inc. |
| J.A.A.R. Transport, Inc. and Raul Quesada |
| J.A.A.R. Transport, Inc. and Raul Quesada |
| 1:2017cv08250 |
| October 26, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Vincent L. Briccetti |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
104
CONSENT JUDGMENT: NOW, therefore, before the taking of any testimony and without trial or adjudication of any issue of fact or law, it is hereby ORDERED, ADJUDGED AND DECREED: This Court has jurisdiction of the subject matter and each of the p arties to this action pursuant to 28 U.S.C. § 1332(c). The Complaint and Counterclaim state claims upon which relief may be granted against the parties. Venue is appropriate in this District pursuant to 28 U.S.C. § 1391(b)(2). Pursuant to Paragraph l(c) of the Settlement Agreement, Defendant Quesada agrees to a judgment against him personally in the amount of One Hundred Forty-Five Thousand and 00/100 U.S. Dollars ($145,000.00) ("Amount of Judgment"). Plaintiffs shal l not to take any efforts to enforce this judgment against Quesada until the latter of the following: (i) Quesada fulfills his payment obligations set forth in Section 1(b) or otherwise defaults on that obligation; and (ii) the Bankruptcy Action i s fully administered by the Trustee. Except as expressly set forth in this paragraph 1 of Section IV of this Consent Judgment, all claims asserted in Plaintiffs' Complaint and Defendant's Counterclaims are hereby dismissed with prejudic e. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. As further set forth in this Order. SO ORDERED this 1st day of December, 2020. (Signed by Judge Philip M. Halpern on 12/1/2020) (ks)
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Filing
101
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all deadlines, conferences, and trials are CANCELED. (Signed by Judge Philip M. Halpern on 10/8/2020) (ks)
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Filing
90
ORDER denying 76 Motion for Summary Judgment. Defendant Quesada having moved for summary judgment (Doc. #76), it is HEREBY ORDERED: 1. Defendant Quesada's motion for summary judgment is DENIED. 2. The next conference is scheduled for February 6, 2020, at 11:30 a.m., at which time the Court will issue a bench ruling explaining the basis for its decision. The parties shall come prepared to discuss how they wish to proceed with the case. Specifically, the parties shall discuss settlement an d how the Court might assist them in settling the case. The Court intends to set a trial date and a schedule for pretrial submissions at the February 6 conference. 3. The Clerk is instructed to terminate the motion. (Doc. #76). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/21/2020) (mml)
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