Canouse v. Protext Mobility, Inc.

Canouse v. Protext Mobility, Inc.

Plaintiff:	Joseph C Canouse
Defendant:	Protext Mobility, Inc.
Case Number:	1:2018cv03610
Filed:	April 23, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Louis L. Stanton
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 20, 2022	Filing 51 ORDER denying 43 Motion to Set Aside Default re 43 MOTION to Set Aside Default Judgment. filed by Protext Mobility, Inc. However, there is no evidence that plaintiff's attempts to settle were made in bad faith, and in fact, they seem to have been made in an effort to accommodate defendant during a challenging time and to ensure that Protext could remain solvent and reorganize in a way that benefited both parties. The two years and more that have passed, with defendant 's knowledge, since the Judgment was entered bar relief under 60(b) (1), and the lack of highly convincing evidence excusing defendant's failure to act sooner leave it with a remedy (if any is available) against its defaulting lawyer. However, defendant may not be entirely without relief in its suit in a Florida state court. Defendant's motion is denied.. (Signed by Judge Louis L. Stanton on 5/20/2022) (ate)
November 19, 2019	Filing 41 DEFAULT JUDGMENT: ORDERED, ADJUDGED AND DECREED, that Plaintiff Joseph C. Canouse have judgment against Defendant Protext Mobility, Inc. in the amount of $563,396.72, consisting of: (i) damages under the Notes in the amount of $56,462. 99 as set forth in the Canouse Declaration; (ii) damages under the Consulting Agreement in the amount of $330,000 as set forth in the Canouse Declaration; (iii) prejudgment interest under the Shanker Note in the amount of $8,649.11 as set forth in the Canouse Declaration; (iv) prejudgment interest under the Berman Note in the amount of $3,510.94 as set forth in the Canouse Declaration; (v) $3,803.19 under the Levine Note as set forth in the Canouse Declaration; and (vi) attorneys fees in the amount of $160,970.49 based on the 40% contingency fee as set forth in the Bonder Declaration. Motions terminated: 35 MOTION for Judgment Purusant To Rule 55(b)(2) filed by Joseph C Canouse. (Signed by Judge Louis L. Stanton on 11/19/2019) (rro)

Date Filed

Document Text

May 20, 2022

Filing 51 ORDER denying 43 Motion to Set Aside Default re 43 MOTION to Set Aside Default Judgment. filed by Protext Mobility, Inc. However, there is no evidence that plaintiff's attempts to settle were made in bad faith, and in fact, they seem to have been made in an effort to accommodate defendant during a challenging time and to ensure that Protext could remain solvent and reorganize in a way that benefited both parties. The two years and more that have passed, with defendant 's knowledge, since the Judgment was entered bar relief under 60(b) (1), and the lack of highly convincing evidence excusing defendant's failure to act sooner leave it with a remedy (if any is available) against its defaulting lawyer. However, defendant may not be entirely without relief in its suit in a Florida state court. Defendant's motion is denied.. (Signed by Judge Louis L. Stanton on 5/20/2022) (ate)

November 19, 2019

Filing 41 DEFAULT JUDGMENT: ORDERED, ADJUDGED AND DECREED, that Plaintiff Joseph C. Canouse have judgment against Defendant Protext Mobility, Inc. in the amount of $563,396.72, consisting of: (i) damages under the Notes in the amount of $56,462. 99 as set forth in the Canouse Declaration; (ii) damages under the Consulting Agreement in the amount of $330,000 as set forth in the Canouse Declaration; (iii) prejudgment interest under the Shanker Note in the amount of $8,649.11 as set forth in the Canouse Declaration; (iv) prejudgment interest under the Berman Note in the amount of $3,510.94 as set forth in the Canouse Declaration; (v) $3,803.19 under the Levine Note as set forth in the Canouse Declaration; and (vi) attorneys fees in the amount of $160,970.49 based on the 40% contingency fee as set forth in the Bonder Declaration. Motions terminated: 35 MOTION for Judgment Purusant To Rule 55(b)(2) filed by Joseph C Canouse. (Signed by Judge Louis L. Stanton on 11/19/2019) (rro)

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Plaintiff: Joseph C Canouse
Represented By:	Robert M Fleischer
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Defendant: Protext Mobility, Inc.
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