Shamrock Power Sales, LLC v. Scherer et al
| Shamrock Power Sales, LLC |
| John Scherer and Scherer Utility Sales, LLC |
| 7:2012cv08959 |
| December 10, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Kenneth M. Karas |
| Fraud or Truth-In-Lending |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Filing
158
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 134 Motion to Strike filed by Shamrock Power Sales, LLC, 157 Report and Recommendations, 115 Motion for Miscellaneous Relief filed by Shamrock Power Sales, LLC. Having reviewed the R&R for clear error and finding none, the Court adopts the R&R in its entirety. Accordingly, it is hereby: ORDERED that damages in favor of Plaintiff are calculated as followed: (1) $99,824.93 for the breach of fiduciary duty claim; (2) $118,532.30 for the faithless servant claim; (3) $51,557.80 for the misappropriation of trade secrets claim; (4) $223,951.01 in punitive damages; and (5) prejudgment interest at 9% per annum from January 5, 2015 to the date judgment is entered. Plaintiff's request for a permanent injunction is denied. Plaintiff's Motion to Strike is denied. Defendants' request to strike is denied. Although damages have been calculated against Defendants, the Court notes that only partial su mmary judgment was granted in favor of Plaintiff, and entry of judgment is therefore inappropriate at this stage. Plaintiff is to advise the Court within 14 days of the date of this Order as to whether it intends to pursue the remaining causes of action. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 115, 134). So Ordered. (Signed by Judge Kenneth M. Karas on 1/4/17) (yv)
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Filing
146
ORDER ADOPTING REPORT AND RECOMMENDATION IN PART for 136 Report and Recommendations, 113 Motion for Preliminary Injunction filed by Shamrock Power Sales, LLC. The Court concludes that there is no clear error. For the foregoing reasons, it is hereby ordered that: Defendants are enjoined from concealing, converting, selling, encumbering, transferring, or otherwise dissipating any assets in the bank accounts identified in Exhibit J to the April 29, 2016 Declaration of Kelly B. Gallagher ( Dkt. No. 117), except that Defendants may jointly withdraw up to $5,818 per month for living expenses. Defendants are enjoined from concealing, converting, selling, encumbering, transferring, or otherwise dissipating any other assets in which they have an ownership, legal, or beneficial interest, which may be subject to a monetary judgment rendered in favor of Plaintiff. Defendants shall deposit into an escrow account held by McCarter & English, LLP, all commissions or other funds they have received from any manufacturers/clients since October 1, 2012 or receive in the future, and McCarter & English, LLP shall hold such funds in escrow until further order of this Court. Defendants may divert commissions or other funds they have r eceived from any manufacturers/clients since October 1, 2012 or receive in the future to the bank accounts identified in Exhibit J to the April 29, 2016 Declaration of Kelly B. Gallagher (Dkt. No. 117) only as necessary to pay living expenses in th e amount of $5,818 per month as set forth above. Once Defendants have deposited a total of $131,864.88 into the escrow account held by Mccarter & English, LLP, the restrictions in paragraphs 1 and 2 above shall be lifted. In accordance w ith the Contempt Order entered by this Court on February 6, 2013 (Dkt. No. 32), Defendants must still continue to deposit into the escrow account all commissions or other funds they have received from any manufacturers/clients since October 1, 2012 or receive in the future, less any amounts necessary to pay living expenses in the amount of $5,818 per month. Plaintiff shall post a bond of $50,000 within one week of the date of this Order. The Clerk of Court is respectfully directed to terminate the pending Motion. (Dkt. No. 113.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/18/16) (yv)
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Filing
97
OPINION & ORDER: Plaintiff's Motion to Strike the Rones Declaration, Paragraph 14 of the Scherer Declaration, and Exhibits D, E, F, G, L, M, N, P, R, T, U, X, DD, II, JJ, KK, NN, OO, and TT to Scherer's Declaration is granted. Furthermore , Plaintiff's Motion for Partial Summary Judgment is granted. Finally, Plaintiff's Motion for a Permanent Injunction is denied without prejudice. The Clerk of the Court is respectfully requested to terminate the pending Motions. (Okt. Nos. 69, 82.) (Signed by Judge Kenneth M. Karas on 9/30/2015) (lnl)
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