Elof Hansson USA Inc. v. Santiago et al
| Elof Hansson USA Inc. |
| Edgar Santiago and Bolivar Ernesto Infante Quinones |
| 7:2018cv02758 |
| March 28, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
290
ORDER: The Court held a hearing today on plaintiff's motion for various forms of relief brought on by order to show cause dated August 1, 2022 (Doc. #279), at which counsel for plaintiff as well as counsel for non-party 314-16-18 West 36 Stree t Housing Development Fund Corporation ("HDFC") appeared, and at which non-party JoAnne Dressendofer and HDFC's president Michael Jackson also appeared. Having considered the submissions of the parties and non-parties and the arguments of counsel and Ms. Dressendofer, plaintiff's motion is DENIED for the reasons stated on the record during the hearing. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/31/2022) (mml)
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Filing
255
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/10/2022) (ks)
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Filing
253
ORDER granting 252 Letter Motion to Adjourn Conference. Accordingly, it is HEREBY ORDERED: 1. The continued show cause hearing scheduled for January 13, 2022, will now be held on February 8, 2022, at 4:00 p.m. Edgar Santiago, Julia Santiago, Mic hael Jackson, and all counsel are directed to appear in person for the continued show cause hearing on February 8, 2022, at 4:00 p.m., at the United States Courthouse, Room 620, 300 Quarropas Street, White Plains, New York. 2. By January 11, 2022, plaintiff's counsel shall serve a copy of this order on Julia Santiago and Michael Jackson, and file proof of service of same on the ECF docket. The Clerk is instructed to terminate the letter-motion. (Doc. #252). SO ORDERED. Show Cause Hearing set for 2/8/2022 at 04:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.. (Signed by Judge Vincent L. Briccetti on 1/7/2022) (mml)
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Filing
237
ORDER: Accordingly, it is HEREBY ORDERED: 1. The show cause hearing is continued to December 13, 2021 at 11:00 a.m. Edgar Santiago, Julia Santiago, Michael Jackson, and all counsel are directed to appear in person for the continued show cause hearin g at the United States Courthouse, Room 620, 300 Quarropas Street, White Plains, New York. 2. By December 6, 2021, plaintiff's counsel shall submit a letter updating the Court as to the status of the efforts to comply with the Turnover Order. 3 . By November 19, 2021, plaintiff's counsel shall serve a copy of this order on Julia Santiago and Michael Jackson, and file proof of service of same on the ECF docket. SO ORDERED. (Show Cause Hearing set for 12/13/2021 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 11/16/2021) (mml)
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Filing
216
AMENDED DEFAULT JUDGMENT amending 210 Default Judgment. ORDERED, ADJUDGED AND DECREED: That the Plaintiff have judgment against defendant Bolivar Ernesto Infante Quinones in the liquidated amount of $643,684.99 with interest at the New Yor k statutory rate of nine percent (9%) per annum from June 2, 2017 to the entry of judgment on September 21, 2021, amounting to $249,502.88, amounting in all to $893,187.87. (Signed by Judge Vincent L. Briccetti on 9/23/2021) (mml)
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Filing
211
ORDER ADOPTING REPORT AND RECOMMENDATION for 202 Report and Recommendation. Accordingly, the Court adopts the R&R as the opinion of the Court, and plaintiff's motion for default judgment is GRANTED. Plaintiff shall be awarded $643,684 .99 in damages against Bolivar on counts five through seven, count nine, and count ten in the amount of $643,684.99, plus prejudgment interest on that amount calculated at the New York rate of 9% per annum, beginning June 2, 2017. The Clerk is instructed to terminate the motion. (Doc. #142). The Court will separately so order and enter plaintiff's proposed default judgment (Doc. #150). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/21/2021) (mml)
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Filing
207
TURNOVER ORDER: Accordingly, it is HEREBY ORDERED: 1. By September 20, 2021, plaintiff shall file on the ECF docket a proposed writ of execution to be reviewed and signed by the Clerk of Court. The Southern District of New York provides forms which a re available at https://www.nysd.uscourts.gov/forms/writ-execution-against-property. 2. By October 4, 2021, plaintiff shall serve a copy and file on the docket proof of service of this Order, and any writs of execution, on each of the following pe rsons: i. Edgar Santiago by Federal Express overnight courier to his attorney, Joshua M. Lurie, Esq., Luriel Strupinsky, LLP, 15 Warren Street, Suite 36, Hackensack, New Jersey 07601 ii. Julia Santiago by Federal Express overnight courier to her at 3 78 Walnut Street, Washington Township, New Jersey 07676; and iii. 314-16-18 West 36 Street Housing Development Fund Corporation by Federal Express overnight courier to Michael Jackson at 318 West 36th Street, Apartment 5D, New York, New York 10018. 3. Within seven days of receiving service of this Order, defendant-judgment debtor Edgar Santiago, concerning Apartments 2B and 3A in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 W est 36 Street Housing Development Fund Corporation: i. shall deliver to or for the benefit of Elof Hansson USA Inc. all of his right, title and interest in cooperative Apartment 2B in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery, and deliver to William Hummell, Esq., as counsel for Elof Hansson USA Inc., the s tock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, placed in his name on August 15, 2015 (formerly held by Rodolfo Bencosme in canceled stock certificate number 44), and the proprietary lease in the name of Edg ar Santiago, assigned to him by Mr. Bencosme on August 15, 2015; and ii. shall deliver to or for the benefit of Elof Hansson USA Inc. all of his right, title and interest in cooperative Apartment 3A, in the building located at 318 West 36th Street, N ew York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery, and deliver to William Hummell, Esq., as counsel for Elof Hans son USA Inc., the stock certificate number 61 for the 250 shares concerning Apartment 3A purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar's direction placed in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in cancelled stock certificate number 20), and the proprietary lease assigned from Ms. Cabrera to Julia Santiago on July 21, 2016; 4. Within seven days of receiving service of this Order, Julia Santiago (one of the orde r to show cause respondents), shall deliver to or for the benefit of Elof Hansson USA Inc. all of her right, title and interest in cooperative Apartment 3A in the building located at 318 West 36th Street, New York, New York, owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation, execute and deliver all documents necessary to effect such delivery; and deliver to William Hummell, Esq., as counsel for Elof Hansson USA Inc., stock certificate #61 for the 250 shares concerning Apartment 3A purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar's direction placed in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in cancelled stock cer tificate # 20), and the proprietary lease concerning Apartment 3A assigned to Julia Santiago on July 21, 2016; 5. In lieu of acting as custodian of (i) the stock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, place d in his name on August 15, 2015; and (ii) the stock certificate number 61 for the 250 shares concerning Apartment 3A, William Hummell, Esq., as counsel for Elof Hansson USA Inc., may appoint a trustee at plaintiffs expense to maintain possession of the stock certificates prior to the public sale. If he so decides,Mr. Hummell shall notify the Cami by letter of the location of the relevant property. 6. At a date and time to be agreed upon by plaintiff and the United States Marshals Service for the Southern District of New York, William Hummell, Esq., as counsel for Elof Hansson USA Inc., shall deliver to the United States Marshals Service the following: (i) a copy of this Order; (ii) all writs of execution; (iii) the stock certificate for the 250 shares concerning Apartment 2B acquired by Edgar Santiago, placed in his name on August 15, 2015; and (iv) the stock certificate number 61 for the 250 shares concerning Apartment 3A. 7. The United States Marshals Service for the Southern Dis trict of New York will sell to the highest bidder in cash at a public sale to be held at 500 Pearl Street in New York City at a date and time to be determined by the United States Marshals Service defendant's following described personal proper ty: i. 250 Shares concerning Apartment 2B at 318 West 36th Street, New York, NY, a building owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation acquired by Edgar Santiago, placed in his name on August 15 , 2015 (formerly held by Rodolfo Bencosme in cancelled stock certificate number 44), and the proprietary lease in the name of Edgar Santiago, assigned to him by Mr. Bencosme on August 15, 2015. ii. 250 shares concerning Apartment 3A at 318 West 36th Street, New York, NY, a building owned by the cooperative corporation 314-16-18 West 36 Street Housing Development Fund Corporation purchased solely by Edgar Santiago from Maritza Cabrera (a/k/a Maria Cabrera) but at Edgar Santiago's direction p laced in the name of Julia Santiago on July 21, 2016 (formerly held by Ms. Cabrera in canceled stock certificate number 20), and the proprietary lease assigned from Ms. Cabrera to Julia Santiago on July 21, 2016. 8. The public sale is to be preceded by publication of notice by the United States Marshals Service in which notice the property is to be described as above; the notice is to be published consecutively once a week for not less than three weeks in The New York Post, a newspaper regularly issued and having a general circulation in this judicial district, where the property of defendant that is to be sold is situated. 9. The monetary proceeds from the sale is to be applied first to the payment of the costs of the sale (including the U nited States Marshals Service commission, fees, and expenses); next to the costs of this suit; then to the satisfaction of plaintiffs judgment for the recovery from defendant of $1,365,519.42; any residue is to be paid to Edgar Santiago. 10. Fo llowing their completion of the sale, subject to its confirmation by the Court, the United States Marshals Service will file a prompt return or report of sale, showing their compliance with this Order. (Signed by Judge Vincent L. Briccetti on 9/13/2021) (mml) Modified on 9/14/2021 (mml).
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Filing
204
ORDER: On May 28, 2021, plaintiff filed (i) a proposed order in aid of enforcement of judgment and turnover order (Doc. #194); (ii) a proposed writ of execution and turnover order directed to the United States Marshals Service (Doc. #195), (iii) a proposed writ of execution and turnover order directed to New York County Sheriff (Doc. #196); and (iv) a proposed notice of issuance of writ of execution and turnover order (Doc. # 197). The Court has reviewed plaintiffs submissions and discuss ed the same with the Clerk and United States Marshals Service. Due to a variety of procedural issues, the Court will not so order plaintiff's proposed submissions. Rather, attached hereto is a Draft Turnover Order, which the Court intends to enter in this matter. Accordingly, it is HEREBY ORDERED: By September 10, 2021, plaintiff shall advise the Court in writing whether it consents to the form of the Court's Draft Turnover Order. If plaintiff does not consent, it may submit proposed revisions thereto by the same date. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/3/2021) (va)
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Filing
201
ORDER: Accordingly, in the interest of issuing a Report and Recommendation on a full and complete record, plaintiff's counsel is directed to obtain and file a transcript of Judge Briccetti's decision as expeditiously as possible. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/3/2021) (kv)
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Filing
193
ORDER granting 163 Motion to Enforce Judgment re: 163 MOTION to Enforce Judgment re: 139 Clerk's Judgment, Plaintiff's notice of motion for an order in aid of enforcement of the Judgment., 173 MOTION to Stay Enforcement of Judgment Pending Appeal Without Positing Bond. ; denying 173 Motion to Stay re: 163 MOTION to Enforce Judgment re: 139 Clerk's Judgment, Plaintiff's notice of motion for an order in aid of enforc ement of the Judgment., 173 MOTION to Stay Enforcement of Judgment Pending Appeal Without Positing Bond. Accordingly, it is HEREBY ORDERED: 1. By May 28, 2021, plaintiff shall submit a proposed order in aid of enforcement of th e Judgment, including a writ of execution and a turnover order. 2. By June 4, 2021, defendant Santiago may submit a response to plaintiffs proposed order or a proposed counter-order. 3. The parties shall email a Word document of their proposed orders to Judge Briccetti's law clerk at the email address provided on the record at the hearing. 4. The Clerk is directed to terminate the motions. (Docs. ##163, 173).. (Signed by Judge Vincent L. Briccetti on 5/21/2021) (nb)
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Filing
170
ORDER granting 169 Letter Motion to Seal. APPLICATION GRANTED. Because Docs. ##164 &167 are refiled as Doc. #168 in accordance with the SDNY Electronic Case Filing Rules & Instructions and because Docs. ##164 &167 contain information that should be (but was not) redacted pursuant to Fed. R. Civ. P. 5.2(a), the Clerk shall strike from the ECF docket Docs. ##164 &167. The Clerk shall also terminate the letter-motion. (Doc. #169). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/23/2021) (kv)
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Filing
159
SCHEDULING ORDER: This matter having been referred to the undersigned for a Report and Recommendation as to plaintiff's motion for default judgment [Dkt. 142] and to conduct an inquest as to plaintiff's damages, it is hereby Ordered: 1 . Plaintiff shall file a Memorandum of Law explaining, as to each cause of action as to which judgment is sought, the legal basis for such cause of action and how the well-pleaded allegations of the operative complaint demonstrate liability as to that cause of action. 2. Plaintiff shall also file Proposed Findings of Fact and Proposed Conclusions of Law concerning damages or other monetary relief. The submission shall contain a concluding paragraph that succinctly summarizes what amount(s) o f damages (or other monetary relief) are being sought, including the exact dollar amount(s) being sought. 3. Plaintiff's Proposed Findings of Fact should specifically tie the above proposed figure(s) to each of the legal claim(s) set forth i n the Complaint; should demonstrate how Plaintiff has arrived at the proposed figure; and should be supported by one or more affidavits, which may attach any documentary evidence establishing the proposed figure(s). Each proposed finding of fact sha ll be followed by a citation to the paragraphs of the affidavit(s) and/or page of documentary evidence that supports each such Proposed Finding. To the extent that the Proposed Findings contain any allegations regarding liability, the Proposed Findin g should cite to the appropriate paragraph of the Complaint. In lieu of Proposed Conclusions of Law, Plaintiff may submit a memorandum of law setting forth the legal principles applicable to Plaintiff's claim(s) for damages or other monetary re lief. 3. Plaintiff shall promptly serve a copy of this Order on Defendant and shall file an affidavit of service. 4. Plaintiff's submissions are due April 8, 2020, and shall be served on Defendant with affidavit of service filed. Defendant sha ll file any response within 14 days of service. 4. The Court hereby notifies the parties that it may conduct the inquest based solely upon the written submissions of the parties. See Fustok v. ContiCommodity Servs, Inc., 873 F.2d 38, 40 (2d Cir. 19 89). To the extent that any party seeks an evidentiary hearing on the issue of damages (or other monetary relief), such party must set forth in its submission the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 3/8/2021) (ks)
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Filing
158
ORDER: Accordingly, by separate order, the Court will refer to the magistrate judge for a Report and Recommendation plaintiff's motion for a default judgment and for an inquest as to the proper amount of damages. See Fed. R. Civ. P. 55(b)(2) ("The court may conduct hearings or make referrals...when, to enter or effectuate judgment, it needs to (A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or (D) investigate any other matter."). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/11/2021) (jca)
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Filing
139
CLERK'S JUDGMENT re: 138 Order. in favor of Elof Hansson USA Inc. against Edgar Santiago in the amount of $ 1,365,519.42. On November 20, 2020, the Court issued its findings of fact and conclusions of law on the record pursuant to F ed. R Civ. P. 52(a) with respect to the non-jury trial held from August 31 to September 3, 2020, in this action; having found that plaintiff has proven, by a preponderance of the evidence, its claims for Violation of Duty of fidelity and Undivided Lo yalty (Count Two); Breach of Fiduciary Duty (Count Three); Faithless Servant (Count Four); Conversion (Counts Five, Six and Seven); Replevin (Count Nine); and Unjust Enrichment (Count Ten against defendant Edgar Santiago, and has not proved its claim for breach of Employment Contract (Count One), It is hereby ORDERED, ADJUDGED AND DECREED: 1. Plaintiff is entitled to $1,039,684.99 in damages, plus prejudgment interest.2. Pre-judgment interest will be calculated at the New York statutory rate of 9% perAnnum, beginning on June 2, 2017, defendant Edgar Santiago's final date of employment withElof Hansson USA Inc.3. The Court having expressly determined, for the reasons set forth on the record,That there is no just reason fo r delay, final judgment in favor of plaintiff and against Defendant Edgar Santiago pursuant to Fed, R, Civ, P, 54(b) is hereby entered on the following claims: Violation of Duty of Fidelity and Undivided Loyalty (Count Two); Breach of Fiduciary Duty (Count Three); Faithless Servant (count Four); Conversion (Counts Five, Six, and Seven);Replevin (Count Nine); and Unjust Enrichment (Count Ten) damages are awarded in the amount of $1,039,684.99, plus pre-judgment interest calculated at the New York statutory rate of 9% per annum, beginning on June 2, 2017 in the amount of $325,834.43; this judgment also dismisses plaintiff's claim for breach of Employment Contract (Count One). (Signed by Clerk of Court Ruby Krajick on 11/24/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
138
ORDER: it is hereby ORDERED, ADJUDGED, AND DECREED: Plaintiff is entitled to $1,039,684.99 in damages, plus pre-judgment interest. Pre-judgment interest will be calculated at the New York statutory rate of 9% per annum, beginning on June 2, 2017, defendant Edgar Santiago's final date of employment with Elof Hansson USA Inc. The Court having expressly determined, for the reasons set forth on the record, that there is no just reason for delay, the Clerk is instructed to enter final judgment in favor of plaintiff and against defendant Edgar Santiago pursuant to Fed. R. Civ. P. 54(b) on the following claims: Violation of Duty of Fidelity and Undivided Loyalty (Count Two); Breach of Fiduciary Duty (Count Three); Faithless Servant (Count Four); Conversion (Counts Five, Six, and Seven); Replevin (Count Nine); and Unjust Enrichment (Count Ten). Said judgment shall award damages in the amount of $1,039,684.99, plus pre-judgment interest calculated at the New York statutory r ate of 9% per annum, beginning on June 2, 2017. The judgment shall also dismiss plaintiffs claim for Breach of Employment Contract (Count One). By December 31, 2020, plaintiff shall move, by order to show cause and in accordance with the Court&# 039;s Individual Practices, for default judgment against defendant Bolivar Ernesto Infante Quinones. If plaintiff fails to satisfy this deadline, the Court may dismiss the case as to defendant Quinones without prejudice for failure to prosecute or failure to comply with court orders. Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/23/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
128
ORDER terminating 120 Motion in Limine. For the reasons stated on the record during the final pre-trial conference on August 27, 2020, plaintiff's motion in limine for an Order prohibiting defendant Edgar Santiago from using at trial the deposition testimony of a nonparty witness, in lieu of live testimony, is TERMINATED. The Clerk is instructed to terminate the motion. (Doc. #120). (Signed by Judge Vincent L. Briccetti on 8/28/2020) (mml)
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Filing
126
ORDER. A final pre-trial conference in this case is scheduled for August 27, 2020, at 3:00 p.m. The Court expects to conduct this conference in person at the Hon. Charles L. Brieant, Jr., Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601, and as further set forth in this Order. So ordered. (Signed by Judge Vincent L. Briccetti on 8/18/2020) (rjm)
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Filing
107
ORDER: The Court conducted a case management conference today, at which all counsel appeared in person, and at which counsel for defendants Edgar Santiago and Angela Santiago requested a pre-motion conference regarding his clients' anticipated m otion for summary judgment. Accordingly, it is HEREBY ORDERED: 1. The Court will hold a pre-motion conference on January 7, 2020, at 9:30 a.m. 2. By December 16, 2019, in accordance with Paragraph 2.B.ii of the Court's Individual Practices, t he Santiago defendants shall file a letter setting forth the basis for their anticipated motion. 3. Plaintiff's response to the Santiago defendants' pre-motion conference letter shall be filed by December 30, 2019, and in accordance with Paragraph 2.B.ii of the Court's Individual Practices. SO ORDERED. (Pre-Motion Conference set for 1/7/2020 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 11/25/2019) (mml)
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