GREENBERGER et al v. VARUS VENTURES, LLC et al

Filing 40

ORDER Granting 39 Motion for Default Judgment in favor Plaintiff against Sander in the amount of 180,349.66. Signed by Judge Michael A. Shipp on 2/8/2016. (kas, )

McCUSKER, ANSELMI, ROSEN & CARVELL!, P.C.
210 Park Avenue
Florham Park, NJ 07932
[phone]
Attorneys for Plaintiffs
Marc and Nancy Greenberger

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARC GREENBERGER and NANCY
GREENBERGER,
CIVILACTIONNO. 3:13-CV-07920-MAS-TJB
Plaintiffs,

v.
V ARUS
VENTURES,
LLC,
TRADITION
SOURCING,
LLC,
NICHOLAS P. SANDOR and DAVID
GULIAN,

ORDER FOR FINAL JUDGMENT
BY DEFAULT

Defendants.

TIDS MATTER having been brought to the Court on application of McCusker,
Anselmi, Rosen and Carvelli, P.C., counsel for Plaintiffs Marc and Nancy Greenberger
(collectively, "Plaintiffs") (Paul F. Carvelli, Esq. appearing), on notice to Defendant Nicholas P.
Sandor ("Sandor") for entry of an Order pursuant to Rule 55(b) of the Federal Rules of Civil
Procedure granting a final judgment by default in Plaintiffs' favor and against Sandor on the First
(Breach of Contract), Fourth (Breach of Fiduciary Duty) and Fifth (Fraud) Counts of Plaintiffs'
First Complaint and Jury Demand, for the relief sought in Plaintiffs' First Amended Complaint
and Jury Demand;

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And the Court, having reviewed the papers submitted and considered the arguments
contained therein, and for good cause otherwise appearing;
IT IS on this 8~ day of

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ORDERED that Plaintiffs' motion pursuant to Rule 55(b) of the Federal Rules of Civil
Procedure for a final judgment by default in Plaintiffs' favor and against Sandor on the First
(Breach of Contract), Fourth (Breach of Fiduciary Duty) and Fifth (Fraud) Counts of Plaintiffs'
First Complaint and Jury Demand be, and hereby is, GRANTED; and it is further
ORDERED that a FINAL JUDGMENT BY DEFAULT be, and hereby is, ENTERED
in favor of Plaintiffs and against Sandor, IN THE AMOUNT OF $177,000; and it is further
ORDERED that PREJUDGMENT INTEREST be, and hereby is, AWARDED in
favor of Plaintiffs and against Sandor in the amount of $3,349.66, calculated at the prejudgment
interest rate of 2.25% as set forth in Rule 4:42-11 of the New Jersey Court Rules, in the amount
of$10.91 per diem ($177,000 divided by 365 days multiplied by .0225) and accrued for the 307
days from the date this action was filed through the November 2, 2015 return date of this motion;
and it is further
ORDERED that POST-JUDGMENT INTEREST be, and hereby is, awarded in favor
of Plaintiffs and against Sandor on the award balance of $177 ,000, calculated at the currently
prevailing Federal Post-Judgment Interest Rate of .14% as of the date of this Entry of Final
Judgment, in the amount of$.68 per diem ($177,000 divided by 365 days multiplied by .0014);
and it is further
ORDERED that to the extent Plaintiffs have recovered or recover monies from any other
Defendant, then Sandor shall be entitled to an OFFSET against the amount of the FINAL

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JUDGMENT BY DEFAULT entered herein against them in the amount equal to such recovery
(to be demonstrated by affidavits of counsel as may be appropriate); and it is further

ORDERED that a copy of this Order shall be served on all counsel of record within two
(2) days of receipt.

SO ORDERED.

PRINCIPAL AMOUNT OF FINAL JUDGMENT: $
PREJUDGMENT INTEREST AWARD: $

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POSTJUB6MENT INTEREST AWARD: $_ _ _ _ __

FINALJUDGMENTINTHEAMOUNTOF$
THIS

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ENTERED

8JI" DAY OF f<-b~ , 201~. (p

~hipp, U.S.D.J.

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