FTC Commercial Corp v. BRK Industries Ltd et al

Filing 73

JUDGMENT by Judge Christina A. Snyder: The Court hereby grants Plaintiff FTC Commercial Corp., a California corporation's Motion for an Order to Enforce Settlement and for Entry of Judgment 59 . It is hereby adjudged and ordered that: Judgment in the amount of $600,000, plus interest at the rate of 7% from 10/1/2013, in the amount of $22,438.65, for a total judgment of $622,438.65, is entered in favor of Plaintiff, and against Defendants, BRK INDUSTRIES, LTD., a New Yor k corporation ("BRK"), and BH OVERSTOCK CO INC., a New York corporation ("Overstock"), jointly and severally. Judgment in the amount of $550,000, plus interest at the rate of 7% from 10/1/2013, in the amount of $20, 568.60, for a total judgment of $570,568.60, is entered in favor of Plaintiff, and against Defendant, SIDNEY COHEN, individually and dba BRK INDUSTRIES ("Cohen"), with the liability of Cohen to be joint and several with BRK and Overstock only for the first $550,000.00 of BRK's and Overstock's liability to Plaintiff. (gk)

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NICO N. TABIBI, ESQ. (Bar No. 169036)
LAW OFFICES OF NICO N. TABIBI, APC
9454 Wilshire Blvd., PH
Beverly Hills, CA 90212
Telephone: [phone]
Facsimile: [phone]
E-MAIL: [e-mail]
Attorneys for Plaintiff FTC COMMERCIAL CORP., a California corporation

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LOS ANGELES DIVISION

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)
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BRK INDUSTRIES, LTD., a New York
corporation; SIDNEY COHEN, individually )
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and dba BRK INDUSTRIES; BH
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OVERSTOCK CO INC., a New York
corporation and DOES 1 through 10, inclusive, )
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Defendants.
_____________________________________ )
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BH OVERSTOCK CO., INC. a New York
Corporation, BRK INDUSTRIES, LTD., a
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New York Corporation
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Third Party Claimants,
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vs.
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BLUE HOLDINGS, INC. a Nevada
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Corporation; BLUE CONCEPT, LLC, a
California Limited Liability Company; PAUL )
GUEZ, an Individual; and ROES 1-10,
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Inclusive
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Third Party Defendants
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_____________________________________ )
FTC COMMERCIAL CORP., a California
corporation,
Plaintiff,
vs.

Case No. 2:12-cv-00218CAS (FFMx)
Related and Consolidated with Case No.
2:12-cv-02837 CAS (FFMx)
Honorable Christina A. Snyder, Judge
Presiding
[MOTION TO ENFORCE SETTLEMENT
AGREEMENT AND TO ENTER
JUDGMENT]
[PROPOSED] JUDGMENT

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[PROPOSED] JUDGMENT

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The court, having considered the motion of Plaintiff, FTC Commercial Corp., a
California corporation’s (“Plaintiff”), motion, entitled, “MOTION FOR AN ORDER TO
ENFORCE SETTLEMENT AND FOR ENTRY OF JUDGMENT”, filed as Docket No. 59

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in the above-captioned consolidated action (“Motion”), hereby grants the Motion, and good
cause appearing, it is hereby adjudged and ordered that:
1. Judgment in the amount of $600,000, plus interest at the rate of seven percent
(7%) from October 1, 2013, in the amount of $22,438.65, for a total judgment of

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$622,438.65, is entered in favor of Plaintiff, and against Defendants, BRK INDUSTRIES,
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LTD., a New York corporation (“BRK”), and BH OVERSTOCK CO INC., a New York
corporation (“Overstock”), jointly and severally; and
2. Judgment in the amount of $550,000, plus interest at the rate of seven percent
(7%) from October 1, 2013, in the amount of $20,568.60, for a total judgment of

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$570,568.60, is entered in favor of Plaintiff, and against Defendant, SIDNEY COHEN,

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individually and dba BRK INDUSTRIES (“Cohen”), with the liability of Cohen to be joint

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and several with BRK and Overstock only for the first $550,000.00 of BRK’s and

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Overstock’s liability to Plaintiff.

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Dated: April 21, 2014

_________________________________
Hon. Christina A. Snyder
United States District Court Judge

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[PROPOSED] JUDGMENT