RedHawk Holdings Corp., et al v. Schreiber, et al

Filing 178

ORDER AND REASONS granting 167 Motion for Entry of Money Judgment. Signed by Judge Ivan L.R. Lemelle on 07/16/2020. (ko)

Case 2:17-cv-00819-ILRL-JCW Document 178 Filed 07/17/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
REDHAWK HOLDINGS CORP.
AND BEECHWOOD PROPERTIES LLC

CIVIL ACTION

VERSUS

NO. 17-819

DANIEL J. SCHRIEBER AND
SCHREIBER LIVING TRUST DTD 2/08/95

SECTION "B"(2)

ORDER AND REASONS
Defendant, the Schrieber interests, filed a motion for entry
of money judgment. Rec. Doc. 167. Plaintiff, referred here as
Redhawk, timely filed a response in opposition. Rec. Doc. 174.
Defendant then sought and was granted leave to file a reply. Rec.
Doc. 177.
As Redhawk acknowledges, the previously issued Order and
Reasons “resolved all claims and issues raised by Schreiber’s
Motion

[to

Enforce

Settlement].”

Opp.,

Rec.

Doc.

174,

p.

3.

Schreiber is not asking for any additional or different relief
than what was previously requested in the Motion to Enforce the
Settlement Agreement, which this Court granted.
151

and

162.

Redhawk’s

opposition

See Rec. Docs.

contests

the

court’s

jurisdiction to enter a monetary judgment after the filing of its
notice of appeal and the liability finding against it.

That

opposition did not question the quantum of damages, only an issue
of

entitlement

was

raised.

The

computation

of

damages

and

methodology for same were clearly laid out in the prior motion to
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Case 2:17-cv-00819-ILRL-JCW Document 178 Filed 07/17/20 Page 2 of 2

enforce settlement, which was unconditionally granted.

Statutory

law and circuit precedent support this Court’s jurisdiction to
enter form judgment at this time.
ACCORDINGLY, IT IS ORDERED the motion for entry of a money
judgment pursuant to Federal Rules of Civil Procedure 58 (a) and
(d) is GRANTED. See also, Am. Totalisator Co., Inc. v. Fair Grounds
Corp., 3 F.3d 810, 812-13 (5th Cir. 1993); Schiro v. Office Depot,
Inc., 634 Fed. Appx. 965 (5th Cir. 2015); and Celtic Marine Corp.
v. James C. Justice Companies, Inc., 2013 WL 5295711 (E.D. La.
Sept. 18, 2013).

A form judgment will be separately entered in

accordance with the order and reasons filed on March 3, 2020.
New Orleans, Louisiana this 16th day of July, 2020

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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