The City of New York v. Golden Feather Smoke Shop, Inc. et al

Filing 372

ORDER directing the Clerk of Court to enter judgment against Rodney Morrison in the amount of $70,000.00 in compensatory contempt sanctions, in favor of the plaintiff City of NY. This judgment does not close this case or terminate Morrison as defendant.. Ordered by Chief Judge Carol Bagley Amon on 12/8/2011. (fwd for judgment) (Fernandez, Erica)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------]( THE CITY OF NEW YORK, Plaintiff, -againstGOLDEN FEATHER SMOKE SHOP, INC., KIMO SMOKE SHOP, INC., SMOKE AND ROLLS INC., SHAWN MORRISON, KIANA MORRISON in her individual capacity, MONIQUE'S SMOKE SHOP ERNESTINE WATKINS, in her individual capaciiy, JESSEY WATKINS, WAYNE HARRIS, PEACE PIPE SMOKE SHOP, RODNEY MORRISON, Sr., CHARLOTTE MORRISON, in her individual capacity, RED DOT & FEATHERS SMOKE SHOP, INC., RAYMOND HART, in his individual capacity, SMOKING ARROW SMOKE SHOP, DENISE PASCHALL, in her individual capacity, TONY D. PHILLIPS, TOM DISCOUNT CIGARETTES, and THOMASINA MACK, in her individual capacity, ' -r_ .• - 2]!1 NOT FOR PUBLICATION ORDER 08-CV -3966 (CBA) Defendants. --------------------------------------------------------------------X AMON, Chief United States District Judge: On June 25, 2010, this Court found defendant Rodney Morrison in contempt of the Court's August 25,2009 injunction. On September 23, 2010, this Court "so ordered" a stipulation between the City and Morrison in which Morrison agreed to pay $70,000 in contempt damages by October 20, 20 I 0. Having not received this payment, the City has moved the Court to enter judgment against Morrison for this amount. At a status conference on November 17, 2011, Morrison's counsel agreed that the entry of judgment would be appropriate. Accordingly, because the parties appear to agree that the issue of Morrison's contempt sanctions has been "finally decided," and is separate and distinct from the remaining issues in this litigation, and Court finds that there is "no just reason for delay" in entering judgment. See Fed. R. Civ. Proc. 54(b); Ginett v. Computer Task Group, Inc., 962 F.2d 1085, 1091-96 (2d Cir. 1992); -- . Fendi Adele S.R.L. v. Burlington Coat Factory Warehouse Com., 642 F.Supp.2d 276, 282-83 (S.D.N.Y. 2009); Rudd v. Advance Bedding Com., 1997 WL 139001 (E.D.N.Y. 1997). The Clerk of Court is directed to enter judgment against Rodney Morrison in the amount of $70,000 in compensatory contempt sanctions, in favor of the plaintiff City of New York. This judgment does not close this case or terminate Morrison as a defendant. SO ORDERED. Dated: Brooklyn, New York December ~, 2011 ~Carol Baglet AII()n- l Chief United States District Judge

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