EMA Financial, LLC v. nFUSZ, Inc.
| EMA Financial, LLC |
| nFUSZ, Inc. |
| 1:2018cv03634 |
| April 24, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
127
ORDER AND FINAL JUDGMENT: NOW, upon all prior proceedings herein, it is hereby: ORDERED AND ADJUDGED, that, as set forth in the Courts March 16, 2020 Memorandum and Order and in accordance with defendant's Fourth Counterclaim for reformation, the cashless exercise formula set forth in Section 2(c) of the December 5, 2017 and January 11, 2018 Warrants is hereby reformed so that the Section 2(c) formula, previously stated as "dividing [(A-B)(X)] by (B)" is reformed to "dividing [(A-B)(X)] by (A)"; and it is further ORDERED AND ADJUDGED, that, pursuant to plaintiffs First Cause of Action in the operative Complaint, judgment is hereby entered in favor of plaintiff on ly as to the 467,836 shares due under the reformed cashless exercise formula in the amount of $463,571.98, of which $462,565.78 is comprised of compensatory damage ($389,7 07.39) plus, pursuant to Nev. Rev. Stat. § 99.040, prejudgment interest through January 3, 2021 ($72,858.39), plus $55.90 per diem interest for each day thereafter through the date of the entry of t his Judgment ($1,006.20); and it is further ORDERED AND ADJUDGED that plaintiff is entitled to post-judgment interest pursuant to 28 U.S.C. § 1961 accruing at the statutory rate from the date hereof; and it is further ORDERED A ND ADJUDGED, that each remaining claim and counterclaim in this action is hereby dismissed; and it is further ORDERED that the Clerk of the Court shall enter this Judgment and terminate the case. So Ordered (Signed by Judge Naomi Reice Buchwald on 1/21/2021) (js)
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Filing
118
MEMORANDUM AND ORDER: re: 97 FIRST MOTION to Amend/Correct Notice of Motion to Amend Answer and Counterclaims filed by nFUSZ, Inc., 92 MOTION for Summary Judgment filed by EMA Financial, LLC. For the reasons stated herein, EMA's motio n for summary judgment is GRANTED in part and DENIED in part; and NFusz's motion to amend is DENIED. Within ten days of the date of this Memorandum and Order, EMA is directed to submit a proposed judgment. EMA's submission must include an a ffidavit that clearly computes the amounts claimed using the cashless exercise formula as reformed in ECF No. 79. NFusz may submit an affidavit disputing any of EMA's calculations within ten days of receiving EMA's submission. The parties are, of course, encouraged to confer and agree on the calculations. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 92 and 97. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/22/2020) (ama)
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Filing
79
MEMORANDUM AND ORDER: re: 58 MOTION for Partial Summary Judgment filed by EMA Financial, LLC, 63 FIRST MOTION for Summary Judgment filed by nFUSZ, Inc. For the reasons stated herein, the Court grants EMA's motion for partial summary judgmen t dismissing NFusz's usury defense and denies NFusz's cross-motion for summary judgment on its usury defense. Further, the Court denies EMAs motion for a declaratory judgment finding that the only reasonable reading of the cashless exercise formula is the one advanced by NFusz and reforms the formula accordingly. Based on these rulings, NFusz's alternativerequests for relief are dismissed as moot. The parties are instructed to fila a joint letter to the Court within 21 days outlining their proposals for future proceedings, and the Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 58 and 63. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/16/2020) (ama)
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| Plaintiff: EMA Financial, LLC | |
| Represented By: | Thomas James Fleming |
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| Defendant: nFUSZ, Inc. | |
| Represented By: | Mark R. Basile |
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