Document Number
Apr 9, 2018
CERTIFICATION OF JUDGMENT issued on April 9, 2018, in favor of plaintiff Shaoxing Bon Textiles Co., Ltd. against defendant 4-U Performance Group LLC in the sum of $938,326.46. (km)
Apr 9, 2018
CASHIERS OFFICE REGISTRY DEPOSIT as per 134 Order to Show Cause, Set Deadlines, dated 3/30/2018, from Judge Judge Jed S. Rakoff, received $5,000.00 from Shaoxing Bon Textiles Co., LTD. Receipt Number 465401205932 on 4/3/2018. (cde)
Apr 9, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 4/9/2018. The hearing is continued to April 18, 2018 at 10:000am (Kotowski, Linda)
138
Apr 9, 2018
MOTION for Attorney Fees, Costs and Interest. Document filed by Shaoxing Bon Textiles Co., LTD.. Return Date set for 4/25/2018 at 09:30 AM.(Herman, Bret) (Entered: 04/09/2018)
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139
Apr 9, 2018
DECLARATION of Jed R. Schlacter in Support re: 138 MOTION for Attorney Fees, Costs and Interest.. Document filed by Shaoxing Bon Textiles Co., LTD.. (Attachments: # 1 Exhibit 1-Judgments, # 2 Exhibit 2-time/fees, # 3 Exhibit 3-costs)(Herman, Bret) (Entered: 04/09/2018)
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140
Apr 9, 2018
MEMORANDUM OF LAW in Support re: 138 MOTION for Attorney Fees, Costs and Interest. . Document filed by Shaoxing Bon Textiles Co., LTD.. (Herman, Bret) (Entered: 04/09/2018)
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141
Apr 11, 2018
ORDER FOR RETURN OF SECURITY: IT IS THEREFORE ORDERED, that the Clerk of this Court, or such other agent in possession of said deposit, promptly return the $5,000.00 deposit previously deposited by Plaintiff by issuing the following payment: Check payable to Schlacter & Associates, as attorneys for Shaoxing Bon Textiles Co., Ltd., in the sum, of $5,000.00 (plus interest, if any), at 450 Seventh Avenue, Suite 1308, New York, NY 10123. (Signed by Judge Jed S. Rakoff on 4/10/2018) (jwh) (Entered: 04/11/2018)
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Apr 18, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 4/18/2018. Attorney Jeremy Rosenberg relieved as counsel from representing Performance Group USA, Hearing continued to May 8, 2018 at 4:00pm. (Kotowski, Linda) (Kotowski, Linda)
142
Apr 19, 2018
ORDER: The Court, having, for the reasons stated in court earlier today, relieved Jeremy Rosenberg, Esq. as counsel for defendant Performance Group USA, Inc. ("PGUSA"), hereby orders that PGUSA shall retain new counsel by no later than April 27, 2018 or be deemed not to oppose any of the relief sought by plaintiff. If new counsel is retained on or before April 27, 2018, PGUSA shall immediately so notify the Court and all other counsel. (Signed by Judge Jed S. Rakoff on 4/18/2018) (cf) (Entered: 04/19/2018)
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143
Apr 19, 2018
CERTIFICATE OF SERVICE served on Performance Group USA INC.. Document filed by Performance Group USA, Inc.. (Rosenberg, Jeremy) (Entered: 04/19/2018)
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144
Apr 22, 2018
CERTIFICATE OF SERVICE served on Performance Group USA INC.. Document filed by Howard Weiss. (Rosenberg, Jeremy) (Entered: 04/22/2018)
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145
Apr 23, 2018
ORDER: IT IS HEREBY ORDERED that Plaintiff's application is granted and Lynee Dong and/or Zhou Jingcheng shall, within 24 hours of receipt of this Order, advise counsel for the parties (by email to jed@schlacterassociates.com; paloe@kudmanlaw.com; dsaponara@kudmanlaw.com; and jrosenberglaw@yahoo.com), the current location (which shall include the name of the person or entity in possession, the address, telephone number, email address and contact person) of all garments of PGUSA taken from the Capitol Logistics & Warehousing warehouse on or about February 28, 2018 and March 1, 2018, including but not limited to the garments reflected in the attached bills of lading (which were part of Plaintiffs Exhibit 4 marked at the Show Cause Hearing of April 18, 2018); and IT IS HEREBY FURTHER ORDERED that Jeremy Rosenberg, Esq., former counsel of PGUSA, shall (a) at his earliest opportunity, e-mail a copy of this Order to Lynee Dong, and to Zhou Jingcheng, and (b) file a Certificate of Service of this Order. (Signed by Judge Jed S. Rakoff on 4/21/2018) (jwh) (Entered: 04/23/2018)
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146
Apr 26, 2018
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 4-U Performance Group LLC.(Scordo, Anthony) Modified on 4/26/2018 (wb). (Entered: 04/26/2018)
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Apr 26, 2018
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 146 MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Jersey;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
147
Apr 26, 2018
RESPONSE to Motion re: 146 MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by 4-U Performance Group LLC. (Aloe, Paul) (Entered: 04/26/2018)
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148
May 4, 2018
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Scordo, Anthony) Modified on 5/4/2018 (ma). (Entered: 05/04/2018)
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May 4, 2018
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 148 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE REMOVE THE SUSPENDED BAR FROM THE MOTION AND ONLY LIST THE BAR THE ATTORNEY IS ACTIVE IN, THE CERTIFICATE OF GOOD STANDING FROM NEW JERSEY MUST BE CLEARLY SCANNED (NOT PICTURES PLEASE). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) Modified on 5/4/2018 (ma).
149
May 4, 2018
MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Affidavit with Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order, # 3 Supplement Proof of Service)(Scordo, Anthony) (Entered: 05/04/2018)
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May 4, 2018
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 149 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
150
May 4, 2018
RESPONSE to Motion re: 149 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by 4-U Performance Group LLC. (Attachments: # 1 Exhibit Third Department Decision)(Aloe, Paul) (Entered: 05/04/2018)
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May 4, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/4/2018. (Kotowski, Linda)
151
May 9, 2018
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 149 Motion for Anthony Scordo to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/8/2018) (anc) (Entered: 05/09/2018)
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Order on Motion to Appear Pro Hac Vice
May 11, 2018
CERTIFICATION OF JUDGMENT issued on May 11, 2018, in favor of plaintiff Shaoxing Bon Textiles Co., Ltd. against defendants Howard Weiss, For You Apparel LLC, and Performance Group USA, Inc. in the sum of $938,326.46. (km)
May 11, 2018
CERTIFICATION OF JUDGMENT issued on May 11, 2018, against defendants SGM Corp. and SGM Leasing Corp. (which discovery has revealed are in fact the same entity) in the amount of $938,326.46. (km)
May 14, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/14/2018. (Kotowski, Linda)
152
May 15, 2018
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena Duces Tecum . Document filed by 4-U Performance Group LLC. (Attachments: # 1 Supplement Notice of Motion, # 2 Supplement Certification)(Scordo, Anthony) Modified on 5/16/2018 (db). (Entered: 05/15/2018)
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Quash
153
May 15, 2018
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena Duces Tecum . Document filed by Performance Group USA, Inc.. (Attachments: # 1 Supplement Notice of Motion, # 2 Supplement client certification)(Scordo, Anthony) Modified on 5/16/2018 (db). (Entered: 05/15/2018)
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Quash
Att
1Supplement Notice of Motion
Att
2Supplement client certification
May 16, 2018
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Anthony Scordo to RE-FILE Document 153 MOTION to Quash Subpoena Duces Tecum . 152 MOTION to Quash Subpoena Duces Tecum . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the attached Notice of Motion AS THE MOTION to Quash for each document, then file and link any supporting documents. (db)
154
May 16, 2018
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena Duces Tecum . Document filed by Performance Group USA, Inc.. (Attachments: # 1 Supplement brief, # 2 Supplement Certification)(Scordo, Anthony) Modified on 5/23/2018 (db). (Entered: 05/16/2018)
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Quash
May 16, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 5/16/2018. (Kotowski, Linda)
May 23, 2018
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony Scordo to RE-FILE Document 154 MOTION to Quash Subpoena Duces Tecum . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
155
May 25, 2018
ORDER: IT IS HEREBY ORDERED that Plaintiff's application is granted, as follows: 1. Performance Group USA Inc., through Lynee Dong and Zhou Jingcheng shall, within 48 hours of receipt of this Order: a. advise counsel for the parties (by email to jed@schlacterassociates.com; paloe@kudmanlaw.com; dsaponara@kudmanlaw.com; irosenberglaw@yahoo.com; and anthonyscordo@msn.com) the current location (including the name of the person or entity in possession, the address, telephone number, email address and contact person) of all garments of Performance Group USA Inc. taken from the Capitol Logistics & Warehousing warehouse on or about February 28, 2018 and March 1, 2018, including but not limited to the garments reflected in the attached bills of lading (which were part of Plaintiff's Exhibit 4 marked at the Show Cause Hearing of April 18, 2018); and as further set forth in this order. (Signed by Judge Jed S. Rakoff on 5/24/2018) (jwh) (Entered: 05/25/2018)
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Order
156
May 25, 2018
DECLARATION of HOWARD WEISS . Document filed by Howard Weiss. (Rosenberg, Jeremy) (Entered: 05/25/2018)
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Declaration (non-motion)
157
May 29, 2018
CERTIFICATE OF SERVICE of Order served on Dong, Zhou on 05/25/17. Service was made by email. Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 05/29/2018)
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Certificate of Service Other
158
May 30, 2018
JUDGMENT AGAINST ABE MANELA: ORDERED, ADJUDGED AND DECREED, that plaintiff Shaoxing Bon Textiles Co., Ltd., have judgment and recover against defendant Abe Manela, of 180 Turn of River Road, Stamford, CT 06905 and 53 Butternut Lane, Stamford, CT 06903, the sum of $938,326.46 plus interest hereinafter accruing, and that plaintiff have immediate execution thereon. (Abe Manela terminated.) (Signed by Judge Jed S. Rakoff on 5/27/2018) (anc) (Entered: 05/30/2018)
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Judgment
159
Jun 12, 2018
TRANSCRIPT of Proceedings re: conference held on 5/16/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018.(McGuirk, Kelly) (Entered: 06/12/2018)
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Transcript
160
Jun 12, 2018
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/12/2018)
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Notice of Filing Transcript
161
Jun 26, 2018
FIRST MOTION Contempt, inter alia . Document filed by Shaoxing Bon Textiles Co., LTD..(Schlacter, Jed) (Entered: 06/26/2018)
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Miscellaneous Relief
162
Jun 26, 2018
DECLARATION of Jed R. Schlacter in Support re: 161 FIRST MOTION Contempt, inter alia .. Document filed by Shaoxing Bon Textiles Co., LTD.. (Attachments: # 1 Exhibit 1- Orders of 4/21/18 and 5/24/18, # 2 Exhibit 2- Bills of Lading, # 3 Exhibit 3- Subpoena/Restr. Notice to Profit Rise, # 4 Exhibit 4- Profit Rise Dept. of State printout, # 5 Exhibit 5- Wire-299 E Shore Rd, # 6 Exhibit 6- Photo-299 E Shore Rd, # 7 Exhibit 7- 5/4/18 JRS letter to Wu, # 8 Exhibit 8- Profit Rise invoices, # 9 Exhibit 9- Weiss 7/11/17 depo pages, # 10 Exhibit 10- Email from Ada Wu, # 11 Exhibit 11- Op Agreement, # 12 Exhibit 12- Bank Statement, # 13 Exhibit 13- Internet chart, # 14 Exhibit 14- Boom and Profit Rise invoice, # 15 Exhibit 15- 5/22/18 JRS letter and Rosenberg email, # 16 Exhibit 16- Boom packing lists/receiving reports, # 17 Exhibit 17- photos of cartons)(Schlacter, Jed) (Entered: 06/26/2018)
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Declaration in Support of Motion
163
Jun 26, 2018
MEMORANDUM OF LAW in Support re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 06/26/2018)
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Memorandum of Law in Support of Motion
Jul 3, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/3/2018. (Kotowski, Linda)
164
Jul 9, 2018
AFFIDAVIT of Ming Huang in Opposition re: 161 FIRST MOTION Contempt, inter alia .. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Scordo, Anthony) (Entered: 07/09/2018)
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Affidavit in Opposition to Motion
165
Jul 9, 2018
REPLY MEMORANDUM OF LAW in Opposition re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 07/09/2018)
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Reply Memorandum of Law in Opposition to Motion
166
Jul 12, 2018
TRANSCRIPT of Proceedings re: Hearing held on 5/16/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018.(Siwik, Christine) (Entered: 07/12/2018)
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Transcript
167
Jul 12, 2018
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 5/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 07/12/2018)
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Notice of Filing Transcript
168
Jul 13, 2018
REPLY MEMORANDUM OF LAW in Support re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 07/13/2018)
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Reply Memorandum of Law in Support of Motion
Jul 26, 2018
CERTIFICATION OF JUDGMENT issued on July 26, 2018, plaintiff Shaoxing Bon Textiles Co., Ltd., have judgment against defendant Abe Manela, in the sum of $938,326.46 plus interest hereinafter accruing. (km)
169
Aug 2, 2018
REPLY MEMORANDUM OF LAW in Opposition re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 08/02/2018)
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Reply Memorandum of Law in Opposition to Motion
170
Aug 13, 2018
CERTIFICATE OF SERVICE of Ordered Subpoena served on Yue Wu/Profit Rise Group USA Inc. on July 26, 2018. Service was made by email. Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 08/13/2018)
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Certificate of Service Other
Aug 13, 2018
Minute Entry for proceedings held before Judge Jed S. Rakoff: Contempt Hearing held on 8/13/2018. Plaintiff to file Motion for Contempt on August 27, 2018, returnable on September 12, 2018 at 9:00a.m. (Kotowski, Linda)
171
Aug 20, 2018
ORDER granting 138 Motion for Attorney Fees; granting 161 Motion: Accordingly, the Court hereby holds Zhou Jingcheng and Lynee Dong in civil contempt for their non-compliance with the Court's April 22 and May 24 orders. It is clear from the record of this case that monetary sanctions will not suffice to bring Zhou and Dong into compliance. The Court therefore orders that Zhou Jingcheng and Lynee Dong, if found within the jurisdiction of the United States, shall be immediately arrested and held in confinement until such time as they comply with the April 22 and May 24 orders. This order shall remain in effect until either Zhou or Dong comply with the orders, or the judgment against PGUSA is satisfied. Plaintiff's counsel shall consult with the U.S. Marshals Service as promptly as possible as to the means of effectuating this order. In addition, the Court hereby grants plaintiff's request for attorneys' fees and costs incurred in prosecuting this contempt motion. See N.Y. State N.O.W. v. Terry, 159 F.3d 86, 96 (2d Cir. 1998). Plaintiff shall submit an accounting of such costs by no later than August 24, 2018, along with any other information necessary to supplement its pending motion for fees and costs against all defendants. See ECF No. 138. The Clerk of the Court is ordered to close docket number 161 of this case. (Signed by Judge Jed S. Rakoff on 8/18/2018) (jwh) (Entered: 08/20/2018)
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Order on Motion for Attorney Fees
172
Sep 4, 2018
AMENDED JUDGMENT: Plaintiff Shaoxing Bon Textiles Co., Ltd. ("Shaoxing") accepted offers of judgment from defendants 4-U Performance Group LLC, Howard Weiss, For You Apparel LLC, and Performance Group USA. ECF Nos. 125, 127. Those judgments were duly entered by this Court. As contemplated by those offers, Shaoxing now moves to amend the judgments to include interest and attorneys' fees and costs. Defendants filed no opposition. Having independently reviewed plaintiff's counsel's submission, the Court finds the requested interest, fees, and costs to be reasonable and appropriate. Therefore, in addition to the previously entered judgments against these defendants, see ECF No. 129, which are reaffirmed and fully incorporated here, the Court hereby awards plaintiff pre-judgment interest against 4-U Performance Group LLC in the sum of $128,525.04 and against defendants Howard Weiss, For You Apparel LLC, and Performance Group USA, Inc. in the sum of $130,144.63. Against all defendants, jointly and severally, the Court also awards Shaoxing costs in the sum of $7,874.28 and fees in the amount of $312,880.00. (Signed by Judge Jed S. Rakoff on 8/31/2018) (Attachments: # 1 Appeal Package)(mro) (Entered: 09/04/2018)
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Amended Judgment