Vista Food Exchange, Inc. v. Law et al
Plaintiff: Vista Food Exchange, Inc.
Defendant: C.A.L, Ada Law and Simon Law
Case Number: 1:2021cv04689
Filed: May 25, 2021
Court: US District Court for the Southern District of New York
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 rp
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 27, 2023 Opinion or Order Filing 66 ORDER: A Telephone Status Conference is set for December 27, 2023, at 12:00 p.m. The parties should contact the Court at 1-888-363-4749 on the date and time specified above and once prompted, should dial access code 3768660. SO ORDERED. ( Telephone Conference set for 12/27/2023 at 12:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/26/2023) (tg)
November 29, 2023 Opinion or Order Filing 49 CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Wednesday, December 6, 2023 at 4:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 12/6/2023 at 04:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/29/2023) (ate)
November 17, 2023 Opinion or Order Filing 47 ORDER: The parties are ordered to file a joint status report regarding the status of collection of the final the judgment in this case and the contempt award by November 27, 2023. (Signed by Judge Andrew L. Carter, Jr on 11/17/2023) (ate)
November 1, 2023 Opinion or Order Filing 46 ORDER The Court is in receipt of Defendant Simon Law's notice of bankruptcy. ECF No. 45. The parties are ordered to file a joint status report regarding how Laws bankruptcy petition will affect collection of the judgment in this case by November 6, 2023. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/1/2023) (jca)
October 26, 2023 Opinion or Order Filing 43 AMENDED JUDGMENT: On April 3, 2023, the Clerk of this Court entered judgment in favor of Plaintiff Vista Food Exchange, Inc. against Defendant Lawson Foods, LLC and marked the case closed. Plaintiff Vista Food Exchange, Inc. subsequently made a t imely motion pursuant to Rule 59(e) to alter or amend the judgment and on October 23, 2023, the Court granted the motion and ordered the Clerk to amend the judgment. Because the Clerk's Amended Judgment of October 24, 2023, failed to conform t o the Court's October 23, 2023, order, the Court hereby VACATES the Clerk's Amended Judgment of October 24, 2023, and enters this Amended Judgment as follows: It is hereby ORDERED, ADJUDGED AND DECREED: that Plaintiff's motion under F ed. R.Civ. P. 59(e) [ECF No. 264], is GRANTED. As such, Plaintiff's motion to expedite [ECF No.268] is dismissed as moot. It is further ORDERED, ADJUDGED AND DECREED: that for the reasons stated in the Court's Amended Order dated April 5, 2023, and the Court's October 23, 2023, order granting Plaintiff's Rule 59(e) motion, Magistrate Judge Sarah Netburn's March 14, 2022, Report and Recommendation is adopted. The Court finds that Defendant Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, are jointly and severally liable to Plaintiff Vista Food Exchange, Inc., in the total amount of $3,120,377.46. This total judgment amount is comprised of (1) $1,295,974 in compensatory damages, (2) $861,840.46 in pre-judgment interest on the compensatory damages calculated from June 6, 2016 (the breach date as determined by Magistrate Judge Netburn), to October 25, 2023 ($1,295,974 x.09 = $116,637.66 365 = $319.555232876 per day x 2697 day s), (3) $647,987 in punitive damages, and (4) $314,576 in attorney's fees. In November 2019, the Court found Defendant Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, to be in contempt of the Court and jointly and severally liab le to pay Plaintiff Vista Food Exchange, Inc. a contempt award in the total amount of $392,376, representing $314,576 in attorney's fees and $77,800 in accrued daily contempt fines, with the accrued daily contempt fines being sepa rate and apart from the Court's above judgment. It is hereby further ORDERED, ADJUDGED AND DECREED that Lawson Foods, LLC, Simon Law, and Fortress Foods, LLC, jointly and severally, shall pay the unpaid portion of the Court's prior contempt award of $392,276 to Plaintiff Vista Food Exchange, Inc. within 30 days of the date of this Amended Judgment, or face possible further civil contempt proceedings. The Court shall retain jurisdiction over any further contempt proceedings. It is further ORDERED, ADJUDGED, AND DECREED that post judgment interest is payable on the above judgment amounts pursuant to 28 U.S.C. § 1961 calculated from the date of judgment to the date of payment. The Court orders execution to issue for this Amended Judgment. This Amended Judgment is a FINAL judgment. The Clerk of the Court is respectfully directed to file this judgment in both 17-cv-07454 and 21-cv-04689. (Signed by Judge Andrew L. Carter, Jr on 10/26/2023) (ate)
October 25, 2023 Opinion or Order Filing 41 CLERK'S JUDGMENT re: 40 Order on Motion to Alter Judgment, Order on Motion to Expedite,. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 23, 2023, plaintiff's motion, ECF No. 32, is GRANTED. As such, Plaintiff's motion to expedite, ECF No. 34, is dismissed as moot. (Signed by Clerk of Court Ruby Krajick on 10/25/2023) (Attachments: # 1 Notice of Right to Appeal) (nd)
October 23, 2023 Opinion or Order Filing 40 ORDER granting 32 Motion to Alter Judgment re: 32 MOTION to Alter Judgment ., 34 LETTER MOTION to Expedite addressed to Judge Andrew L. Carter, Jr. from Jonathan C. Scott dated 7/20/2023. ; dismissing 34 Letter Motion to Expedite. For the reasons stated above, Plaintiff's motion, ECF No. 32, is GRANTED. As such, Plaintiff's motion to expedite, ECF No. 34, is dismissed as moot. The Clerk of the Court is respectfully directed to terminate the open motions at ECF No. 32 and 34. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/23/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
September 26, 2023 Opinion or Order Filing 39 CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Friday, September 29, 2023 at 10:30AM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 9/29/2023 at 10:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 9/26/2023) (ate)
September 20, 2023 Opinion or Order Filing 38 CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Tuesday, September 26, 2023 at 2:00 PM 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 9/26/2023 at 02:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 9/20/2023) (vfr)
April 19, 2023 Opinion or Order Filing 33 ORDER: The Court is in receipt of Plaintiff Vista Food Exchange, Inc.'s motion under Rule 59(e) to amend the clerk's judgment. Defendants are ORDERED to respond to Plaintiff's motion no later than May 3, 2023. ( Responses due by 5/3/2023) (Signed by Judge Andrew L. Carter, Jr on 4/19/2023) (ate)
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Defendant: C.A.L
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Defendant: Ada Law
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Defendant: Simon Law
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Plaintiff: Vista Food Exchange, Inc.
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