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

Filing 457

MEMORANDUM & ORDER re 424 and 427 Cross-Motions for Summary Judgment. For the reasons stated, the Court concludes the following: As to defendant Phillips, the City is directed to clarify whether it is still seeking monetary relief against him, a nd if so, to submit further damages briefing. As to the Peace Pipe, TDM, and Red Dot defendants, the Court finds that the City is entitled to summary judgment on (1) defendants liability under the CCTA and the CMSA, and (2) its requested permanent i njunction. In addition, the Court awards to the City (1) damages in the amount of $10,041,075 as against the Peace Pipe defendants and $450,000 as against the TDM defendants; (2) civil penalties as against the Red Dot defendants, the amoun t of which will be determined at a later hearing; and (3) attorneys fees, the amount of which will be determined in the first instance by Magistrate Judge Scanlon by report and recommendation. The Court further directs the City to confer with the Re d Dot defendants regarding any additional discovery to be exchanged, and the parties anticipated presentations at the civil penalties hearing. Within thirty (30) days of this Order, the parties should submit a joint pre-hearing order. Defendants cross-motion for summary judgment is denied. So Ordered by Chief Judge Carol Bagley Amon on 3/29/2013. (Lakin, Sophia)