JMC Restaurant Holdings, LLC et al v. Pevida et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that this Court accepts in whole the findings and recommendation of the Report and Recommendation issued by Judge Vera M. Scanlon and dated September 28,2017. SO Ordered by Judge William F. Kuntz, II on 10/6/2017. (See Order for details) (Attachments: # 1 Settlement Stipulation) (Tavarez, Jennifer)
IN CLERKS OFFICE
US DISTRICT COURT E.D.N.Y.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
JMC RESTAURANT HOLDINGS,LLC;and
OCT n 6 2017 *
JMC RESTAURANT HOLDINGS
Civil Action No. 14-06157-WFK-VMS
MARCELO PEVIDA; JIA JU TAG;JOSEPH
SILVESTRI; FRONT STREET RESTAURANT
CORP.;TAG INVESTMENT GROUP;and JIA
WILLIAM F. KUNTZ,II ,United States District Judge:
WHEREAS, on June 23, 2017, JMC Restaurant Holdings, LLC and JMC Restaurant
Holdings International, LLC (together, "Plaintiffs") filed a fully briefed motion to enforce a
settlement by and between Plaintiffs; defendants Marcela Pevida, Jia Jun Tao, and Front Street
Restaurant Corp. (collectively, "Defendants"), and third-party defendant Frank Ciolli,
Nos. 152-59, as expressed in a written settlement stipulation (the "Settlement Stipulation")
signed by the parties on October 4,2016,see Dkt. No. 154-1; and
WHEREAS, on September 28, 2017, the Honorable Magistrate Judge Vera M. Scanlon
issued a Report and Recommendation recommending that this Court grant Plaintiffs' motion to
enforce the parties' settlement agreement as expressed in the Settlement Stipulation,see Dkt. No.
WHEREAS, on October 3, 2017, this Court ordered the parties to show cause why an
order should not be entered granting Plaintiffs' motion to enforce the settlement agreement,
ordering Defendants to comply with the settlement agreement terms and conditions, as expressed
in the Settlement Stipulation; vacate the premises at 1 Front Street (a/k/a Cadman Plaza West),
Brooklyn, New York 11201; and pay all reasonable attorneys' fees in connection with the order
to show cause; and
WHEREAS, the parties appeared before this Court on October 6, 2017 and presented
argument regarding the motion to enforce the settlement agreement;
IT IS HEREBY ORDERED that this Court accepts in whole the findings and
recommendation ofthe Report and Recommendation issued by Judge Vera M. Scanlon and dated
IT IS FURTHER ORDERED that Plaintiffs' motion to enforce settlement is GRANTED;
IT IS FURTHER ORDERED that the settlement of Plaintiffs, Defendants, and third-party
defendant Frank Ciolli is binding and effective as expressed in the Settlement Stipulation, which
is appended to this Order;
IT IS FURTHER ORDERED that the representations, warranties, obligations, and
releases under the Settlement Stipulation are binding and effective as of December 9, 2016.
IT IS FURTHER ORDERED that all rights, title, interest, and claims of Defendant Front
Street Restaurant Corp. under its lease with 27 Old Fulton Street, LLC for the premises at 1
Front Street (a/k/a Cadman Plaza West), Brooklyn, New York 11201 are waived, released, null
IT IS FURTHER ORDERED that Defendant Front Street Restaurant Corp. immediately
vacate the premises at 1 Front Street (a/k/a Cadman Plaza West), Brooklyn, New York 11201
and deliver possession to 27 Old Fulton Street, LLC.
IT IS FURTHER ORDERED that final judgment of possession of 1 Front Street (a/k/a
Cadman Plaza West)is awarded to 27 Old Fulton Street, LLC.
IT IS FURTHER ORDERED that a warrant of eviction issue forthwith and the
marshal/sheriff is directed to execute the warrant upon receipt.
IT IS FURTHER ORDERED that Defendant Front Street Restaurant Corp. cause the
Petition for Cancellation it filed in Trademark Trial and Appeal Board Cancellation No.
92066606 to be dismissed with prejudice.
IT IS FURTHER ORDERED that Defendants and third-party Frank Ciolli cause all
claims and actions filed in any other court or arbitration against each other, or any company
which Frank Ciolli is an owner,to be discontinued and/or dismissed with prejudice.
IT IS FURTHER ORDERED that Defendants submit by EOF a certification of its
compliance with the directions of this Order by no later than October 9,2017.
IT IS FURTHER ORDERED that in accordance with the bundling rule. Plaintiffs shall
serve upon Defendants, within five days of the entry of this order, such declarations and
evidence supporting their request for payment by Defendants of Plaintiffs' reasonable attorneys
fees and costs incurred in connection with the Order to Show Cause; Defendants shall have five
days to serve upon Plaintiffs any opposing papers; and Plaintiffs shall have three days to serve
reply papers; Plaintiffs shall thereafter file all papers by ECF commensurate with serving its
UNITED STATES DISTRICT JUDGE
Brooklyn, New York
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