Choice Hotels International, Inc. v. Hassanali et al

Filing 18

MEMORANDUM OPINION and ORDER DIRECTING Plaintiff to supplement its motion to vacate judgment as to Defendant Shebana Noorani within 14 days to include the amount satisfied so that the record reflects the amount remaining as to the other defendants (c/m to Defendants Shiraz Hassanali, Shebana Noorani, Jane Kou, Mark Hsu, and Wayne Hsu 10/31/16 sat). Signed by Judge Deborah K. Chasanow on 10/31/2016. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
CHOICE HOTELS INTERNATIONAL,
INC.

:

v.

:

Civil Action No. DKC 16-1282

:
SHIRAZ HASSANALI, et al.
:
MEMORANDUM OPINION and ORDER
Pending before the court is a motion to vacate judgment
filed

pursuant

to

Rule

60(b)(5)

by

International, Inc. (“Plaintiff”).
advises

that

judgment
Defendant

a

amount

settlement
and

Shebana

was

requests

Noorani

but

Plaintiff,

(ECF No. 17).

reached
the

Choice

for

judgment

remain

in

a

Hotels

Plaintiff

portion

of

the

be

vacated

as

to

full

effect

as

to

Defendants Shiraz Hassanli, Jane Kou, Mark Hsu, and Wayne Hsu.
Pursuant to Rule 60(b)(5), a party may obtain relief from a
judgment or final order where “the judgment has been satisfied,
released, or discharged; it is based on an earlier judgment that
has been reversed or vacated; or applying it prospectively is no
longer equitable.”
In this civil case, Plaintiff asked the court to confirm an
arbitration

award

and

to

enter

judgment

holding

five

individuals, namely Shebana Noorani, Shiraz Hassanali, Jane Kou,
Mark Hsu and Wayne Hsu (“Defendants”), jointly and severally

liable for the award amount of $147,316.74.

(ECF No. 1).

After

Defendants failed to respond, the court entered judgment for
Plaintiff, finding that there was a valid contract between the
parties providing for arbitration and that the dispute resolved
in

the

clause.
or

arbitration

was

(ECF No. 14).

otherwise

challenge

within

the

scope

of

the

arbitration

Because all defendants failed to plead
the

award,

the

arbitration

award

was

confirmed by default.
Here, the court entered default judgment against the five
Defendants jointly and severally as the arbitration award had
stipulated

and

as

Plaintiff

had

requested

in

its

complaint.

Plaintiff now requests the judgment be vacated as to Defendant
Noorani to account for a settlement between those two parties.
Plaintiff has not provided the amount of settlement and requests
that the court leave the judgment in full effect as to the other
Defendants.

Generally, however, payment of a judgment by one

tortfeasor bars a plaintiff from recovery of the same judgment
from another tortfeasor.

See Underwood-Gary v. Mathews, 366 Md.

660, 667-69 (2001) (“[D]ouble recovery for the same harm is not
permissible.”); MD Rule 2-626; see also Restatement (Third) of
Torts § 25(b) (2000) (“When a judgment includes a determination
of the entirety of recoverable damages suffered by the plaintiff
for an indivisible injury and provides for their recovery by the
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plaintiff against multiple defendants, payment by one or more
judgment

defendants

of

less

than

the

full

amount

of

the

recoverable damages constitutes a reduction of the plaintiff's
right to recover from the judgment defendants in the amount of
the value of the payment.”); Zenith Radio Corp. v. Hazeltine
Research, Inc., 401 U.S. 321, 348 (1971).

Because any amount

paid by Defendant Noorani affects the amount remaining as to the
others, Plaintiff will be required to supplement the motion with
the amount satisfied by Defendant Noorani.
Accordingly, it is this 31st day of October, 2016, by the
United

States

District

Court

for

the

District

of

Maryland,

ORDERED that:
1.

Plaintiff

is

directed

to

supplement

its

motion

to

vacate judgment as to Defendant Shebana Noorani within 14 days
to include the amount satisfied so that the record reflects the
amount remaining as to the other defendants;
2.

The

clerk

will

transmit

copies

of

this

Order

counsel for Plaintiff and to Defendants.

/s/
DEBORAH K. CHASANOW
United States District Judge

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