Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.
| Alessi Equipment, Inc. |
| American Piledriving Equipment, Inc. |
| 1:2018cv03976 |
| May 3, 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 |
| Plaintiff |
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Filing
208
AMENDED JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that Plaintiff is awarded prejudgment interest under C.P.L.R. § 5001 from August 21, 2016 to June 13, 2022, on the award of $920,846.70, at the statutory rate of 9% pe r annum, not compounded, in the amount of $481,817.27; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that Plaintiff is awarded prejudgment interest under C.P.L.R. § 5002 from June 13, 2022 to July 7, 2022, on the award of $920,84 6.70 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of 9% per annum, not compounded, in the amount of $8,300.70; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the Defendant is awarded prejudgment intere st under C.P.L.R. § 5001 from December 15, 2017 to January 6, 2022, on the award of $52,505.92, at the statutory rate of 9% per annum, not compounded, in the amount of $19,199.90; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED , that the Defendant is awarded prejudgment interest under C.P.L.R. § 5002 from January 6, 2022 to July 7, 2022, on the award of $52,505.92 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of 9% per annum, not compounded, in the amount of $3,217.92; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance with the Court's summary judgment decision, the jury verdict, and the Court's December 28, 2022 decision granting prejud gment interest, an amended judgment is entered in favor of the Plaintiff in the total amount of $1,410,964.67 against the Defendant; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance with the Court's summary judgment de cision, the jury verdict, and the Court's December 28, 2022 decision granting prejudgment interest, an amended judgment is entered in favor of the Defendant in the total amount of $74,923.74 against the Plaintiff; and IT IS FURTHER ORDERED , ADJUDGED, AND DECREED, that post-judgment interest shall accrue at the statutory rate provided for in 28 U.S.C. § 1961, running from the date of entry of the July 7, 2022 judgment. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/30/2022) (tg)
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Filing
182
JUDGMENT ON COUNTERCLAIMS: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that Defendant is awarded $52,505.92 for its breach of contract counterclaims. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 7/7/2022) (vfr)
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Filing
179
ORDER: The Court is in receipt of the parties' submissions regarding prejudgment interest and Defendant American Piledriving Equipment, Inc.'s ("APE") intention to move for a new trial pursuant to Federal Rule of Civil Proc edure ("Rule") 59(a). (Docket Nos. 176; 177). If the parties cannot agree on the appropriate triggering date for prejudgment interest, Plaintiff Alessi Equipment, Inc. ("Alessi") must move pursuant to Rule 59(e) to amend the ju dgment to add prejudgment interest starting from Alessi's preferred triggering date. See generally Foresco Co. v. Oh, 337 F. Supp. 3d 304, 306 (S.D.N.Y. 2018); see also Stanford Square, L.L.C. v. Nomura Asset Cap. Corp., 232 F. Supp. 2d 289, 291 (S.D.N.Y. 2002). If APE moves for a new trial, the Court will address that request along with Alessi's motion. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 6/23/2022) (vfr)
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Filing
175
ORDER: On June 13, 2022, after a four-day jury trial, the jury returned a unanimous verdict awarding Plaintiff $920,846.70 for breach of the 2012 Distributor Agreement. Before the Clerk of Court can determine prejudgment interest, the Cou rt must determine the date from which prejudgment interest shall be computed. See N.Y. C.P.L.R. § 5001(b). By June 22, 2022, the parties are directed to advise the Court of their positions regarding this issue. (Signed by Magistrate Judge Judith C. McCarthy on 6/15/2022) (ate)
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Filing
164
ORDER re: 163 Letter, filed by Alessi Equipment, Inc.; 162 Letter, filed by American Piledriving Equipment, Inc. The parties are directed to meet and confer and jointly advise the Court of their preferred course of action by 2:00 p.m. on June 3, 2022. If the parties elect to video-tape Mr. Hughes' testimony, they must also advise the Court of the date on which they will submit the transcript to the Court, and the date on which they expect to offer the video-tape into evidence. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 6/2/2022) (va)
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Filing
152
ORDER: On May 4, 2022, the parties filed a Revised Joint Pretrial Order ("Revised JPTO"), (Docket No. 149), pursuant to the Court's May 2, 2022 Order, (Docket No. 146). However, American Piledriving Equipment, Inc. ("APE") d id not identify its proposed exhibits "by letters" as directed. APE also requested, within the Revised JPTO, additional time to file objections to Alessi Equipment, Inc.'s ("Alessi") proposed exhibits. The Court grants APE� 39;s request for more time, and APE is directed to submit its objections to Alessi's proposed exhibits by May 11, 2022. By the same date, APE is also directed to provide a revised exhibit list that identifies its proposed exhibits by letters. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 5/6/2022) (vfr)
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Filing
146
ORDER: Pursuant to the Court's rulings on the record, the parties are hereby instructed as follows: By close of business day on May 4, 2022, the parties are directed to (1) advise the Court whether they wish to pursue a mediation with another M agistrate Judge; and (2) file a revised Joint Pretrial Order, which includes (a)the parties' previously-filed supplements thereto; as further set forth herein. Alessi is also directed to serve a revised exhibit list and copies of its exhibits ( in electronic and hard-copy form), consistent with the Court's Orders dated April 13 and 28, 2022. Alessi's exhibits must be marked. By close of business on May 4, 2022, APE is also directed to (1) advise the Court of any revisions to its p osition regarding Alessi's motion in limine; (2) file any further motions in limine regarding Alessi's revised damages computation; and (3) serve updated discovery, to the extent it exists, relating to APE's sales of of equipment and parts covered by the 2012 Distribution Agreement between 2020 and 2022. By close of business on May 6, 2022, Alessi must file (1) its response to APE's revised position, if any; and (2) its opposition to APE's new motions in limine, if an y. APE's reply, if any, is due May 9, 2022. By May 9, 2022, the parties are further directed to file updated proposed jury instructions. SO ORDERED. ( Motions due by 5/4/2022., Pretrial Order due by 5/4/2022., Responses due by 5/6/2022, Replies due by 5/9/2022.) (Signed by Magistrate Judge Judith C. McCarthy on 5/2/2022) (vfr)
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Filing
141
ORDER: Accordingly, by April 29, 2022, Alessi is hereby ordered to submit an itemized computation of each component of damages it seeks in dollar amounts, accompanied by the manner and methodologies Alessi intends to use to support its calculations at trial. Failure to do so may result in preclusion of Alessi's introduction of such evidence at trial. ( As further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/22/2022) (vfr)
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Filing
136
ORDER terminating 135 Letter Motion to Compel. Plaintiff Alessi Equipment, Inc. ("Alessi") is hereby ordered to advise the Court, by April 21, 2022, why it should not order Alessi to immediately supplement its statement of damages on t he grounds set forth above, or face preclusion of evidence relating thereto at trial. See, e.g., Probatter Sports, LLC v. Sports Tutor, Inc., No. 3:05-cv-01975-VLB, 2016 WL 1178051, at *7-8 (D. Conn. Mar. 23, 2016); Coleman v. City of Niagara Falls, No. 09-CV-157S, 2015 WL 4208602, at *5 (W.D.N.Y. July 10, 2015); see also Design Strategy, Inc. v. Davis, 469 F.3d 284, 293 (2d Cir. 2006); Fed. R. Civ. P. 26(a),(e). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/15/2022) (vfr)
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Filing
134
ORDER re: 133 Letter, filed by American Piledriving Equipment, Inc. With the Exhibit List in its current form, the Court is unable to determine the admissibility of these documents, nor can APE meaningfully evaluate its position relating th ereto. Moreover, the Court declines to partake in the wasteful exercise of entertaining the admissibility of numerous documents encompassed within single exhibits that purport to reflect APE's entire document production. (See Docket No. 133-2 a t 1-2). Therefore, the Court sustains APE's objections to PX-10-PX-12 and PX-13-PX-125. By April 20, 2022, Alessi is directed to revise its Exhibit List to include the specific documents it intends to offer into evidence at trial on an individu al basis, identified by Bates or deposition exhibit number, if any, and provide copies thereof to APE and the Court. APE is directed to advise the Court of any objections thereto by April 27, 2022. (As further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/13/2022) (vfr)
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Filing
116
TRIAL ORDER: 1. The Court has requested that Jury Selection and Trial begin on June 8, 2022. Once the trial calendar is finalized, the Court will confirm the date or notify the parties of any changes. 2. Joint Pre-Trial Order, including complete ex hibit and witness lists, must be filed by April 4, 2022. Please review the Court's Individual Rules of Practice for further instruction. Counsel shall pre-mark all exhibits.3. Proposed voir dire must be filed by April 4, 2022. 4. Proposed jury i nstructions and a proposed verdict form must be filed by April 4, 2022. Each party must submit a complete jury instruction for each claim or defense the party wishes to present to the jury, and each proposed jury instruction shall indicate the author ity for the requested instruction and, if a pattern instruction is used, whether the proposed instruction has been adapted or modified. 5. Any motions in limine shall be filed by April 11, 2022. 6. Responses to motions in limine must be filed by Ap ril 20, 2022. 7. Final Pre-Trial Conference will be held on May 18, 2022 at 10:00 a.m. in Courtroom 421. The aforementioned papers shall be filed with the Clerk of the Court. Counsel shall simultaneously provide courtesy copies to Chambers. Counsel shall also provide the Court with courtesy copies of all exhibits in both electronic and hard-copy formats, as well as any deposition transcripts to be used at trial, at least five days prior to the Final Pre-Trial Conference. SO ORDERED. ( Motions due by 4/11/2022., Pretrial Order due by 4/4/2022., Responses due by 4/20/2022, Final Pretrial Conference set for 5/18/2022 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 2/11/2022) (vfr)
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Filing
114
OPINION AND ORDER re: 100 FIRST MOTION for Summary Judgment filed by Alessi Equipment, Inc., 92 MOTION for Summary Judgment filed by American Piledriving Equipment, Inc. For the foregoing reasons Alessi's moti on for summary judgment is granted in part and denied in part, and APE's motion for summary judgment is granted in part and denied in part. In summary, Alessi is entitled to judgment as a matter of law with respect to liability on its breach of contract claim under the 2012 Distributor Agreement only; however, damages related to this claim cannot be determined on the instant motion and must proceed to trial. Furthermore, APE is entitled to summary judgment on its breach of contract co unterclaim in its entirety; therefore, Alessi must pay the amounts reflected in the outstanding invoices, Purchase Orders and Rental Agreement. Alessi's breach of contract claim under the 1996 Agreement and 2004 Memorandum, as well as Alessi& #039;s unjust enrichment claim are dismissed in their entirety. Finally, APE's account stated and unjust enrichment claims are also dismissed in their entirety. The Clerk is respectfully requested to terminate the pending motions. (Docket Nos. 92; 100). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/6/2022) (vfr)
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Filing
83
ORDER: As discussed at a status conference held today and attended by counsel for all parties, it is hereby ORDERED: 1. By January 8, 2021, the parties shall submit a joint letter to the Court indicating whether (i) they either consent or do not c onsent to conducting all further proceedings before a magistrate judge (attached is the notice, consent, and reference to a magistrate judge form that the parties would need to complete and submit if they do consent); and (ii) whether either party intends to move for summary judgment. 2. The parties shall file any request for a pre-motion summary judgment conference, in accordance with the Court's individual practices, by January 22, 2021. 3. The parties shall respond to any request f or a pre-motion summary judgment conference, in accordance with the Court's individual practices, by January 29, 2021. 4. A status conference is scheduled for February 12, 2021, at 10:00 a.m. At the time of the scheduled conference the parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. SO ORDERED. (Telephone Conference set for 2/12/2021 at 10:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/21/2020) (mml)
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Filing
74
ORDER: As discussed during the status conference held today, which counsel for both parties attended by telephone, it is HEREBY ORDERED: 1. The deadline to complete all discovery is extended to September 30, 2020. 2. The next conference in this matte r is scheduled for October 5, 2020, at 4:00 p.m. The parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567 (Discovery due by 9/30/2020. Telephone Conference set for 10/5/2020 at 04:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 7/15/2020) (jwh)
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Filing
69
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/14/2020) (kv)
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Filing
57
OPINION AND ORDER re: 46 THIRD PARTY MOTION to Dismiss for Lack of Jurisdiction filed by John L. White, 47 THIRD PARTY MOTION to Dismiss for Lack of Jurisdiction Memorandum of Law filed by John L. White. The motion to dismiss the third-party complaint is GRANTED. The Clerk is directed to terminate the motion (Docs. ##46, 47) and terminate third-party defendant John L. White. John L. White terminated. (Signed by Judge Vincent L. Briccetti on 9/13/2019) (mml)
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Filing
31
OPINION AND ORDER re: 22 MOTION to Dismiss filed by American Piledriving Equipment, Inc. The motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's claims for breach of the implied covenant of good faith and fair dealing, an accounting, and specific performance are dismissed. Plaintiff's claims for breach of contract, and in the alternative, unjust enrichment, may proceed. The Clerk is directed to terminate the motion. (Doc. #22). By March 5, 2019, defendant shall answer the amended complaint. SO ORDERED. American Piledriving Equipment, Inc. answer due 3/5/2019. (Signed by Judge Vincent L. Briccetti on 2/19/2019) (mml)
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| Plaintiff: Alessi Equipment, Inc. | |
| Represented By: | Keith Allen Lavallee |
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| Defendant: American Piledriving Equipment, Inc. | |
| Represented By: | Brian Philip Lanciault, Jr |
| Represented By: | Brian David Waller |
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