Sygall v. Pitsicalis et al
| David Sygall |
| Andrew Pitsicalis, Leon Hendrix, Purple Haze Properties, LLC, Rockin Artwork, LLC, Angotti Designs, LLC, Grassroots Clothing, LLC and Kurt S. Adler, Inc. |
| 1:2018cv02730 |
| March 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S. Broderick |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
91
CLERK'S JUDGMENT re: 90 Order, thaat: the Report and Recommendation issued on May 16, 2022 is adopted in its entirety. On August 17, 2022, Plaintiff filed a Notice of Status of Remaining Claims stating that pending a judgment reflecting t he damages award, the matter was concluded on the merits. Accordingly, judgment is entered in favor of Plaintiff as against Leon Hendrix in the amount of $14,250, attorneys' fees in the amount of $2,275, plus post-judgment interest of 3.26% pursuant to 28 U.S.C. § 1961 until the date ofHendrix's payment and the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/22/2022) (Attachments: # 1 Notice of Right to Appeal) (ml)
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Filing
90
ORDER re: 75 Order. The Clerk of the Court is respectfully directed to (1) terminate any open motions, (2) enter judgment in accordance with this Order with interest pursuant to 28 U.S.C. § 1961 and (3) close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/18/2022) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing
87
OPINION AND ORDER for 86 Report and Recommendations. Accordingly, I adopt the Report and Recommendation in its entirety. Plaintiff is awarded damages in the amount of $14,250, attorneys' fees in the amount of $2,275, plus post-j udgment interest pursuant to 28 U.S.C. § 1961. Within 14 days of the issuance of this Order, the parties shall file a joint letter informing this Court of the status of the rest of the claims. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/2/2022) (jca)
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Filing
80
ORDER: The Court held a status conference on May 28, 2021, at which the Defendant Leon Hendrix failed to appear. At the conference, the Plaintiff requested an opportunity to submit an addendum to the proposed findings of fact and law relevant to t he Court's damages inquest. Accordingly, the Plaintiff shall make these submissions no later than July 15, 2021. Defendant Leon Hendrix shall file any opposition no later than July 29, 2021. The Plaintiff is directed to serve a copy of this Order on Mr. Hendrix both by mail and by email. (Signed by Magistrate Judge Sarah Netburn on 5/28/2021) (ras)
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Filing
79
ORDER: A telephonic conference is scheduled for May 28, 2021, at 2:00 p.m. to discuss the Plaintiff's request to compel Defendant Leon Hendrix to testify regarding damages. At that time the parties should dial the Court's dedicated tele conferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. Respectfully, the Clerk of Court is directed to mail a copy of this Order to Defendant Leon Hendrix. (Discovery Hearing set for 5/28/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/20/2021) (ras) Transmission to Docket Assistant Clerk for processing.
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Filing
78
ORDER: On October 29, 2020, the Honorable Vernon S. Broderick referred this case to my docket to conduct an inquest and to issue a report and recommendation concerning Plaintiff's damages. On October 30, 2020, I issued an Order directing th e Plaintiff to file Proposed Findings of Fact and Conclusions of Law describing all claimed damages and any other monetary relief. ECF No. 75. That Order directed the Defendants to respond to the Plaintiffs submissions within 30 days of service. The Plaintiff filed his submissions, which applied to Defendant Leon Hendrix, and filed proof of service as to Hendrix on November 30, 2020. ECF No. 77. To date, Hendrix has not responded. Accordingly, the inquest is deemed fully briefed and ready for disposition. So Ordered (Signed by Magistrate Judge Sarah Netburn on 1/8/2021) (js)
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Filing
75
SCHEDULING ORDER FOR DAMAGES INQUEST: It is now ORDERED that: 1. No later than 30 days after entry of this Order, Plaintiff shall file Proposed Findings of Fact and Conclusions of Law describing all claimed damages and any other monetary rel ief. Plaintiff should file this document, along with any accompanying exhibits and affidavits, to ECF under "Civil Events/Other Filings/Trial Documents." Plaintiff shall serve a complete copy of his filing and a copy of this Order by mail to Defendants' last known address. 2. Plaintiff shall support his Findings of Fact and Conclusions of Law with affidavits and other documentary evidence. Each proposed finding of fact shall cite the evidence provided. 3. Defendants shall file a response, if any, no later than 30 days after service. Defendants shall respond to each Finding of Fact and Conclusion of Law asserted by Plaintiff. Defendants may also submit Counter Findings of Fact and Conclusions of Law. Def endants shall support each finding of fact (in both its response to Plaintiff's filing, as well as its own Counter-Statement) with affidavits or other documentary evidence. Each proposed finding of fact shall cite the evidence provided. 4. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir. 1991); Fustok v. ContiCommodity Servs. Inc., 873 F.2d 38, 4 0 (2d Cir. 1989). Any party seeking an evidentiary hearing on damages must set forth reasons why the inquest should not be based upon the written submissions alone and include a description of what witnesses would be called to testify and the natu re of the evidence that would be submitted. 5. A courtesy copy of any document filed with the Court shall be sent or delivered to the Court as required by the Individual Practices of Judge Netburn, paragraph III(b). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/30/2020) (jca)
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Filing
68
ORDER: The Clerk issued a certificate of default in this action on February 24, 2020. (Doc. 67.) Plaintiff, however, has taken no further action to prosecute this case against Defendant Leon Hendrix. Accordingly, if Plaintiff intends to seek a de fault judgment he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than October 5, 2020. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigat ion, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff is further directed to file a status update no later than October 5, 2020 apprising the Court of the status of this case. (Signed by Judge Vernon S. Broderick on 9/28/2020) (rro)
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Filing
64
ORDER: For the reasons stated on the record, it is: ORDERED that the Answer filed by Defendant Leon Hendrix (Doc. 37) is stricken from the record for failure to appear at the conference held on February 7, 2020. (Signed by Judge Vernon S. Broderick on 2/10/2020) (rro) Transmission to Orders and Judgments Clerk for processing.
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Filing
36
OPINION AND ORDER: For the foregoing reasons, Defendants motion to dismiss for improper venue is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at Document 28. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/14/2018) (jca)
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