| June 5, 2023 |
Filing
138
JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: (a) That Johnathen Houston is and shall be jointly and severally liable with JHC, Love, and MMLS in the following amounts, which the Pantheon Parties shall recover from him: (i) the amoun t of $1,395,907.73, consisting of: 1. Compensatory damages: $278,276.26 (Sec. III(a)(i)-(v)); 2. Punitive damages: $100,000 (Sec. III(b)(i)); 3. Trebling of compensatory damages awarded for violations of 18 U.S.C. Sec. 1962(c) and (d) : $834,828.78 (Sec. IV(a)); 4. Attorneys' fees: $375,000 (Sec. IV(e)); and 5. Interest to verdict on compensatory damages: $86,078,95 (Sec. IV(b)); (ii) Post-verdict, pre-judgment interest on the total in Sec. V(a)(i) (i.e.  6;1,395,907.73) pursuant to CPLR 5002 at the rate of9% per annum, or $344.20 per day, for a total of $4,818.8 14 days between verdict and entry of judgment x $344.20 per day). (Sec. IV(c)). (iii) Post-judgment interest pursuant to 28 U.S.C Sec. 1961(a) on the sum of $1,400,726.53 (i.e. the sum of $1,395,907.73, (Sec. V(a)(i)); and the total post-verdict, pre-judgment interest awarded in Sec. V(a)(ii)); at a rate of 5.21 % per annum or $199.25 per day until satisfaction of the judgment. (Sec. IV(d)). (b) That JH Consulting Firm LLC is and shall be jointly and severally liable with Houston, Love, and MMLS in the following amounts, which the Pantheon Parties shall recover from it: (i) the amount of $1,395,907.73, consisting of: 1. Compensatory damages: $278,276.26 (Sec. III(a)(i)-(v)); 2. Punitive damages: $100,000 (Sec. III(b )(ii)); 3. Trebling of compensatory damages awarded for violations of 18 U.S.C. Sec. 1962(c) and (d): &# 036;834,828.78 (Sec. IV(a)); 4. Attorneys' fees: $375,000 (Sec. IV(e)); and 5. Interest to verdict on compensatory damages: $86,078,95 (Sec. IV(b)); (ii) Post-verdict, pre-judgment interest on the total m Sec. V(b)(i) (i.e. $1,39 5,907.73) pursuant to CPLR 5002 at the rate of 9% per annum, or $344.20 per day, for a total $4,818.8 14 days between verdict and entry of judgment x $344.20 per day) (Sec. IV(c)). (iii) Post-judgment interest pursuant to 28 U.S .C Sec. 1961(a) on the sum of $1,400,726.53 (i.e. the sum of $1,395,907,73, (Sec. V(b) (i)); and the total post-verdict, pre-judgment interest awarded in Sec. V(b) (ii)); at a rate of 5.21 % per annum or $199.25 per day until sati sfaction of the judgment.(Sec. IV(d)). (c) that Marvin Love is and shall be jointly and severally liable with Houston, JHC, and MMLS in the following amounts, which the Pantheon Parties shall recover from him: (i) the amount of $1,209,828.78, consisting of: 1. Compensatory damages: $278,276.26 (Sec. III(a)(i)-(ii)); 2. Trebling of compensatory damages awarded for violations of 18 U.S.C. Sec. 1962(c) and (d): $834,828.78 (Sec. IV(a)); and 3. Attorneys' fees: $375,000 ( Sec. IV(e)). (ii) Post-judgment interest pursuant to 28 U.S.C Sec. 1961(a) on the sum of $1,209,828.78 at a rate of 5.21% per annum or $172.69 per day until satisfaction of the judgment. (Sec. IV(d)). (d) that M & M Lightning Strikes is and shall be jointly and severally liable with Houston, JHC, and Love in the following amounts, which the Pantheon Parties shall recover from it: (i) the amount of $1,209,828.78, consisting of: 1. Compensatory damages: $278,276.26 (Sec. III(a)(i)-(ii)); 2. Trebling of compensatory damages awarded for violations of 18 U.S.C. Sec. 1962(c) and (d): $834,828.78 (Sec. IV(a)); and 3. Attorneys' fees: $375,000 (Sec. IV(e)). (ii) Post-judgment interest pursuant to 28 U.S.C Se c. 1961(a) on the sum of $1,209,828.78 at a rate of 5.21%per annum or $172.69 per day until satisfaction of the judgment. (Sec. IV(d)). (di) that Johnathen Houston is and shall be solely liable for, and the Pantheon Paii ies shall reco ver from him $9,157.50. (See Sec. IV(f)). ( dii) That the Pantheon Properties shall recover taxable costs as provided under Fed. R. Civ. P 54(d)(1), L. Civ. R. 54.1, and 28 U.S.C. Sec. 1920. The Pantheon Parties shall file a notice of taxation of cost, together with a bill of costs, pursuant to Fed. R. Civ. P. 54(d)(1) and L. Civ. R. 54.1. (Signed by Judge Andrew L. Carter, Jr on 6/5/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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| May 17, 2023 |
Filing
129
MEAL/REFRESHMENT ORDER FOR JURORS: IT IS HEREBY ORDERED that the jurors empaneled and sworn in the above captioned case be provided with light refreshments and/or necessary meals during the duration of the trial. Should the Jury Panel remain in the Courthouse, and necessary refreshments and/or meals are provided the total bill is authorized. (Signed by Judge Andrew L. Carter, Jr on 5/16/2023) (ate)
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| May 16, 2023 |
Filing
127
ORDER: Jury Selection and Jury Trial set for May 16, 2023 at 10:00 a.m. ( Jury Trial set for 5/16/2023 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/11/2023) (ate)
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| May 3, 2023 |
Filing
123
CONFERENCE ORDER The Court will hold a telephonic conference in this action on Thursday, May 4, 2023 at 2PM 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 5/4/2023 at 02:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 5/3/2023) (jca)
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| April 21, 2023 |
Filing
117
CONFERENCE ORDER: The Court will hold a telephonic final pretrial conference in this action on Thursday, May 11, 2023 at 3:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 5/11/2023 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 4/21/2023) (ate)
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| April 10, 2023 |
Filing
114
ORDER The Court will hold a telephonic pretrial conference in this action on Wednesday, April 12, 2023 at 10:15AM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). The parties should come prepared to discuss the witnesses whose video testimony they seek to introduce at trial. Per the parties' letter at Dkt. 113, the Court clarifies that the scheduled trial date is May 15, 2023. SO ORDERED. (Telephone Conference set for 4/12/2023 at 10:15 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/10/2023) (jca)
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| December 13, 2022 |
Filing
112
AMENDED ORDER: The Court will now hold a telephonic pretrial conference in this action on Wednesday, December 14, 2022 at 3:15PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660).The parties should come prepared to discuss their availability for trial dates in mid-February 2023. ( Telephone Conference set for 12/14/2022 at 03:15 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/13/2022) (ate)
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| December 1, 2022 |
Filing
111
AMENDED ORDER: The Conference scheduled for December 2, 2022 is ADJOURNED. The Court will now hold a telephonic pretrial conference in this action on Wednesday, December 14, 2022 at 3:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). The parties should come prepared to discuss their availability for trial dates in mid-February 2023. SO ORDERED., (Telephonic Pretrial Conference set for 12/14/2022 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/01/2022) (ama) Modified on 12/1/2022 (ama).
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| November 22, 2022 |
Filing
110
ORDER: The Court will hold a telephonic pretrial conference in this action on Friday, December 2, 2022 at 12:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). The parties should come prepared to discuss their availability for trial dates in mid-February 2023. SO ORDERED. ( Telephone Conference set for 12/2/2022 at 12:30 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/22/2022) (tg)
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| October 6, 2022 |
Filing
107
ORDER: As discovery has closed and the Court understands the parties do not intend to move for summary judgment, the parties are ORDERED to submit a proposed joint pretrial order no later than 30 days from the date of this Order. The parties are reminded to refer to my individual rules regarding pretrial orders. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/6/2022) (kv)
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| June 13, 2022 |
Filing
106
ORDER granting 100 Motion for Attorney Fees. The Court awards Plaintiffs: 1. $3,366.00 for 10.2 hours for the two depositions of Houston by Attorney OLeary at her requested rate of $330/hour. 2. $7,126.50 for five hours of legal re search and drafting by Attorney Wenzel at $300/hour, and 17.05 hours of legal research and drafting by Attorney OLeary. 3. $165.00 for one hour of work by paralegal Laura Hoefel. Defendants are ORDERED to pay $10,657.50 to Plaintiffs forthwith. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 100. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/13/2022) (mml)
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| May 5, 2022 |
Filing
104
ORDER: On May 5, 2022, a call was held to discuss next steps in this case. ECF No. 103. Defense counsel is ORDERED to confer with his clients to determine if there is any interest in settling the litigation and communicate their position to Plaint iffs' counsel by no later than May 13, 2022. If the parties would like to schedule a settlement conference, they are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. (Signed by Magistrate Judge Sarah Netburn on 5/5/2022) (ras)
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| April 26, 2022 |
Filing
103
ORDER: In light of the Court's recent decisions on Plaintiffs' motion for sanctions and Defendants' motion to release the attachment, a call is scheduled for May 5, 2022, at 2:30 p.m. to discuss next steps in this case. 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. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 5/5/2022 at 02:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/26/2022) (ras)
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| April 18, 2022 |
Filing
101
ORDER: On March 28, 2022, the Court granted Plaintiffs' motion for sanctions and set a briefing schedule for their motion for attorney's fees. ECF No. 99. Defendant Johnathen Houston was ordered to file any opposition to Plaintiffs' ; motion by no later than April 11, 2022. Id. As of the issuance of this order, Defendant has not filed his opposition. Defendant shall file his opposition by April 22, 2022, or the Court will consider the matter fully briefed. (Signed by Magistrate Judge Sarah Netburn on 4/18/2022) (ras)
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| March 28, 2022 |
Filing
99
OPINION & ORDER re: 85 MOTION for Sanctions filed by Lucalex Corp., Pantheon Properties, Inc. Plaintiffs' motion for sanctions is GRANTED. By April 4, 2022, plaintiffs shall either file a motion for attorneys' fees or submit proof of counsel's regular hourly rate to be awarded for ten hours. Defendants may file any opposition by April 11, 2022. The Clerk of Court is respectfully directed to close the motion at ECF No. 85. SO ORDERED. ( Motions due by 4/4/2022., Responses due by 4/11/2022) (Signed by Magistrate Judge Sarah Netburn on 3/28/2022) (vfr)
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| March 14, 2022 |
Filing
98
OPINION & ORDER re: 82 FIRST MOTION to Vacate 34 Order,, 20 Order of Attachment, . filed by Marvin M Love, Lucalex Corp., Johnathen Houston, M & M Lightning Strikes, JH Consulting Firm LLC, Pantheon Properties, Inc. Because plaintiffs have met their burden of establishing the grounds for the attachment, the need for continuing the levy, and the probability that they will succeed on the merits, defendants' motion to vacate the attachment is DENIED. The Clerk of Court is respectfully directed to close the motion at ECF No. 82. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/14/2022) (rro)
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| September 30, 2021 |
Filing
97
OPINION AND ORDER: re: 50 MOTION to Dismiss Counterclaims of Johnathen Houston filed by Lucalex Corp., Pantheon Properties, Inc. For the foregoing reasons, Plaintiffs' Motion to Dismiss is hereby GRANTED, except that Defendant Houston's defamation, defamation per se, and IIED counterclaims are dismissed without prejudice. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 50. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/30/2021) (ama)
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| May 18, 2021 |
Filing
87
ORDER denying 86 Letter Motion to Seal. Defendants may renew their application to seal their Attachment Motion, but it must address the relevant standard. Accordingly, Defendants' motion at ECF No. 86 is DENIED without prejudice. (Signed by Magistrate Judge Sarah Netburn on 5/18/2021) (ras)
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| January 25, 2021 |
Filing
71
ORDER: As stated at today's discovery conference, the parties' request for an extension of the discovery deadlines is GRANTED. Fact discovery is extended to February 26, 2021. Plaintiffs' Expert Report shall be served by March 1, 2 021. By March 15, 2021, Defendants shall file a letter with the Court indicating whether Defendants will produce a Rebuttal Expert Report. If so, such Rebuttal Expert Report shall be served by March 29, 2021, with all expert discovery completed by April 19, 2021, and any pre-motion letters filed with Judge Carter by May 3, 2021. If Defendants do not serve a Rebuttal Expert Report, then expert discovery will be completed by March 29, 2021, and any pre-motion letters filed with Judge Ca rter by April 12, 2021. In addition, by Friday, January 29, 2021, defense counsel shall file a letter with the Court (1) describing in detail efforts made to obtain and review text messages from each of Defendants Houston and Love; (2) confirming that the 2018 and 2019 individual and corporate tax returns for defendant Houston have been produced or, in the alternative, that releases for Houston's accountant and the IRS have been provided; and (3) confirming that the full contact information for all witnesses identified by the defendants has been produced. So Ordered. ( Expert Discovery due by 4/19/2021., Fact Discovery due by 2/26/2021.) (Signed by Magistrate Judge Sarah Netburn on 1/25/2021) (js)
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| January 20, 2021 |
Filing
70
ORDER: A telephone conference to discuss the issues raised in the parties' January 15, 2021 letter will be held on Monday, January 25, 2021, at 10:00 a.m. At that time, the parties should dial (877) 402-9757 and enter access code 7938632 #. (Discovery Hearing set for 1/25/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/20/2021) (ras)
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| December 4, 2020 |
Filing
61
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order shall be cons1rued as authorizing a party to file Confidential Materials under seal without prior Court approval following a motion for leave to file under seal. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 12/4/2020) (js)
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| July 22, 2020 |
Filing
45
ORDER: Upon consideration of the Parties' submissions regarding Defendants' request for a pre-motion conference to seek leave to amend the complaint and file a motion to dismiss, ECF Nos. 42-44, Defendants' request for pre-motion conference is hereby DENIED. The Court hereby GRANTS Defendants leave to amend the complaint to add Marvin Love as a Defendant and to file the proposed motion to dismiss. The Parties are directed to follow the below schedule: Amended Complaint: Au gust 5, 2020; Defendants' Motion: September 2, 2020; Plaintiffs' Response: September 16, 2020; Defendants' Reply: September 23, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/22/2020) ( Amended Pleadings due by 8/5/2020., Motions due by 9/2/2020., Responses due by 9/16/2020, Replies due by 9/23/2020.) (ks)
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| June 8, 2020 |
Filing
34
ORDER: The Court is in receipt of the Parties' further submissions regarding the order of attachment issued by this Court on May 12, 2020, ECF Nos. 23, 27, and Defendants' request for oral argument, ECF No. 30. Defendants' request for oral argument is DENIED. Upon consideration of the Parties' further submissions and the Court's reasoning for issuing the attachment order set forth on the record at the May 12, 2020 hearing, Defendants' request that the order of attachment be lifted is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/08/2020) (ama)
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| May 7, 2020 |
Filing
17
ORDER:On April 24, 2020, Plaintiffs in the above-captioned action submitted an Application for Ex Parte Order of Attachment. (No. 6.) By Order of this Court, a Response from Defendants was due on May 4, 2020, with any Reply from Plaintiffs due Ma y 7, 2020. (No. 10.) To date, Defendants have not submitted a Response. Accordingly the Court ORDERS Defendants to respond by May 8, 2020, with any Reply from Plaintiffs by May 11, 2020. As previously ordered, a telephonic conference regarding this Application is scheduled for May 12, 2020 at 11:00 a.m. (Responses due by 5/8/2020, Replies due by 5/11/2020.) (Signed by Judge Andrew L. Carter, Jr on 5/7/2020) (tro)
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