SUPER LAUNDRY EQUIPMENT CORP. v. CHAN et al

Filing 47

MEMORANDUM OPINION & ORDER that sanctions shall be imposed on Steve Chan; in favor of Super Laundry Equipment Corp. and against Steve Chan in the amount of $26,281.09; and in favor of Noel Cooper and Marc Cooper and against Steve Chan in the amount of $4,632.28; Clerk of the Court shall mark this matter as CLOSED. Signed by Judge Noel L. Hillman on 2/6/2017. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SUPER LAUNDRY EQUIPMENT CORP.,|
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Plaintiff,
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v.
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STEVE CHAN, et al.,
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Defendants.
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Civ. A. No. 13-7381
(NLH)(AMD)
MEMORANDUM
OPINION & ORDER

APPEARANCES:
MATTHEW A. GLAZER
CALLI J. PADILLA
COZEN O’CONNOR, P.C.
457 HADDONFIELD ROAD, SUITE 300
CHERRY HILL, NJ 08002-2220
On behalf of Plaintiff
STEPHEN J. BUIVIDAS
LAW OFFICES OF STEPHEN J. BUIVIDAS, ESQ.
1060 KINGS HIGHWAY NORTH, SUITE 301
CHERRY HILL, NJ 08034
On behalf of Defendant Steve Chan
GAVIN I HANDWERKER
414 WESTFIELD AVENUE
WESTFIELD, NJ 07090
On behalf of Defendants Noel Cooper and Marc Cooper
HILLMAN, District Judge
WHEREAS, this case concerns bad checks written by Defendant
Steve Chan totaling over $240,000.00 for commercial washing
machines; and
WHEREAS, the Court denied Chan’s motion to vacate the
default judgment entered against him for $240,557.45; and

WHEREAS, the Court found that Chan’s culpable conduct in
this litigation warranted the imposition of sanctions, as
requested by Plaintiff Super Laundry Equipment Corp., and
Defendants Marc Cooper and Noel Cooper; and
WHEREAS, the Court directed Super Laundry and the Coopers
to file certifications in support of their requested sanctions,
and permitted Chan 15 days to respond to the certifications; and
WHEREAS, the Court has reviewed the parties’ certifications
and Chan’s response; and
WHEREAS, Super Laundry is seeking $25,103.00 in attorneys’
fees and $1,1789.09 in costs associated with the entry of
default judgment, two depositions missed by Chan, the motion for
writ of replevin and TRO, and opposition to Chan’s motion to
vacate default judgment; and
WHEREAS, the Coopers are seeking $4,632.28 in attorneys’
fees and costs associated with two depositions missed by Chan
and the preparation of the opposition to Chan’s motion to vacate
default judgment; and
WHEREAS, Chan has only opposed the Cooper’s certification,
arguing that their requested reimbursement for expenses related
to the two depositions Chan missed is improper, and that the
hourly fee of $335.00 per hour is excessive; and
WHEREAS, the Court finds that Chan’s sanctionable conduct,
as outlined in the Court’s prior Opinions and the parties’
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sanctions briefs, extends beyond the filing of his motion to
vacate default judgment, and it is therefore reasonable for
Super Laundry and the Coopers to be reimbursed for their
expenses associated with all of Chan’s culpable actions; and
WHEREAS, the Court also finds that the rates for the
attorneys’ fees for both Super Laundry and the Coopers are
reasonable, and they are properly supported by certifications
and billing records;
THEREFORE,
IT IS on this

6th

day of

February

, 2017

ORDERED that sanctions shall be imposed on Steve Chan as
follows:
In favor of Super Laundry Equipment Corp. and against Steve
Chan in the amount of $26,281.09; and
In favor of Noel Cooper and Marc Cooper and against Steve
Chan in the amount of $4,632.28; and it is further
ORDERED that the Clerk of the Court shall mark this matter
as CLOSED.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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