PARISE et al v. SUAREZ et al

Filing 26

ORDER granting in part and Dismissing without prejudice in part 12 Motion for Default Judgment; Plaintiff's portion of the motion seeking $6,500.00 for commissions allegedly owed to them is dismissed without prejudice; Granting Plaintiff 's motion insofar as seeking damages for fraud in the inducement in connection with count one of the complaint; ORDERED judgment is entered in favor of Plaintiffs John Parise, Michael Parise, and Cooper Beech Financial Group, LLC, jointly, and a gainst Defendants Alex E. Suarez, Family Office Partners, Inc., Family Office Partners, LLC, Merchantbanquiers Club, Inc., and Private Borrowers Club II, LLC, jointly and severally, in the amount of Three Hundred Thousand Dollars, etc. Signed by Judge Jerome B. Simandle on 12/19/2018. (rtm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JOHN PARISE, et al.,

HONORABLE JEROME B. SIMANDLE

Plaintiffs,
Civil Action No.
17-6936 (JBS-JS)

v.
ALEX E. SUAREZ, et al.,
Defendants.

ORDER FOR
DEFAULT JUDGMENT

Upon consideration of the Complaint and Plaintiffs John
Parise, Michael Parise, and Cooper Beech Financial Group, LLC’s
motion for default judgment [Docket Item 12]; it appearing to the
Court that all Defendants were served personally or by registered
agents on various dates: Alex E. Suarez, Family Office Partners,
Inc., Family Office Partners, LLC, and The Merchant Bankers Club
II, LLC on September 26, 2017 [Docket Item 4]; Defendant Private
Borrowers Club II, LLC on September 18, 2017 [Docket Item 5]; and
Defendant Merchantbanquiers Club, Inc. on October 3, 2017 [Docket
Item 6], respectively, and each have knowingly and willfully
failed to appear, plead, or otherwise defend; Default having been
entered against said Defendants; the Court having considered
Plaintiffs’ submissions and testimony at a proof hearing conducted
on October 23, 2018 [Docket Item 22]; for reasons stated in the
Court’s Memorandum of today’s date; and for good cause shown;

IT IS this

19th

day of

December

, 2018 hereby

ORDERED that Plaintiffs’ motion for default judgment [Docket
Item 12] shall be, and hereby is, GRANTED IN PART and DISMISSED
WITHOUT PREJUDICE IN PART; and it is further
ORDERED that Plaintiffs’ motion, insofar as they seek
$6,500.00 for commissions allegedly owed to them [Docket Item 1 at
¶ 33], shall be, and hereby is, DISMISSED WITHOUT PREJUDICE to
Plaintiffs pursuing these claims in arbitration in Georgia;
ORDERED that Plaintiffs’ motion, insofar as they seek damages
for fraud in the inducement in connection with Count One of the
Complaint, shall be, and hereby is, GRANTED; and it is further
ORDERED that Judgment is entered in favor of Plaintiffs John
Parise, Michael Parise, and Cooper Beech Financial Group, LLC,
jointly, and against Defendants Alex E. Suarez, Family Office
Partners, Inc., Family Office Partners, LLC, Merchantbanquiers
Club, Inc., and Private Borrowers Club II, LLC, jointly and
severally, in the amount of Three Hundred Thousand Dollars
($300,000.00), which includes fraud damages with regards to Count
One of the Complaint and double damages to which Plaintiffs are
entitled under Georgia law; and it is further
ORDERED that Plaintiffs’ request for attorneys’ fees and
costs shall be, and hereby is, GRANTED; and it is further
ORDERED that Plaintiffs may apply for attorneys’ fees and
costs within fourteen (14) days of entry of this Order and file a
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brief outlining the legal basis for Plaintiffs’ recovery of
attorneys’ fees; any motion for attorneys’ fees must include an
affidavit of costs and fees in the format required by Local Civil
Rules 54.2(a) & (b); and it is further
ORDERED that Plaintiffs’ requests for default judgment with
respect to Counts Two, Three, and Four of the Complaint shall be,
and hereby are, DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that if Defendants fail to comply with any of the
terms of this Order, Plaintiffs may, in addition to pursuing the
remedies provided under Federal Rule of Civil Procedure 69, reopen
this case upon motion to this Court and notice to Defendants, and
may at that time ask for further appropriate monetary and/or
injunctive relief, including a motion for contempt of court; and
it is further
ORDERED that this Order and Judgment is enforceable, without
duplication, by one or more of the Plaintiffs, jointly and
severally, or their agents; and it is further
ORDERED that Plaintiffs shall promptly cause a copy of this
Judgment to be served upon Defendants Alex E. Suarez, Family
Office Partners, Inc., Family Office Partners, LLC, The Merchant
Bankers Club II, LLC, Private Borrowers Club II, LLC, and
Merchantbanquiers Club, Inc., and shall file a certificate of such
service upon this docket; and it is further

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ORDERED that the Clerk of Court, after entry of the Judgment
herein, shall CLOSE this case upon the docket. The Court maintains
jurisdiction over the enforcement of this Order and Judgment.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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