Taub et al v. Marchesi Di Barolo S.P.A.

Filing 239

JUDGMENT - ORDERED AND ADJUDGED that the motion by the plaintiffs Palm Bay International and David and Marc Taub for judgment as a matter of law, pursuant to Fed. R. Civ. 50(b), or for a new trial pursuant to Fed. R. Civ. 59 (1) as to the plaintiff P alm Bay cause of action for breach of the implied warranty of merchantability and (2) as to the third counterclaim based on the Dispute Resolution Provision in the Importation Agreement is denied; that the motion by the plaintiffs for judgment as a m atter of law pursuant to Fed. R. Civ. 50(b) as to the sixth counterclaim against David Taub and Marc Taub for breach of their fiduciary duty in instructing Palm Bay to take the set-off is granted; that the sixth counterclaim is dismissed as a matter of law; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk, on 7/15/11. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------X
PALM BAY INTERNATIONAL, INC.,
Plaintiff,
JUDGMENT
CV-09-0599 (ADS)(AKT)

- against MARCHESI DI BAROLO S.P.A.,
Defendant.
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DAVID S. TAUB and MARC TAUB,
Plaintiffs,
-againstMARCHESI DI BAROLO S.P.A.,
Defendant.
-------------------------------------------------------X

A Memorandum of Decision and Order of Honorable Arthur D. Spatt, United States
District Judge, having been filed on July 11, 2011, denying the motion by the plaintiffs Palm Bay
International and David and Marc Taub for judgment as a matter of law pursuant to Fed. R. Civ.
50(b), or for a new trial pursuant to Fed. R. Civ. 59 (1) as to the plaintiff Palm Bay cause of
action for breach of the implied warranty of merchantability and (2) as to the third counterclaim
based on the Dispute Resolution Provision in the Importation Agreement; granting
the motion by the plaintiffs for judgment as a matter of law pursuant to Fed. R. Civ.
50(b) as to the sixth counterclaim against David Taub and Marc Taub for breach of their
fiduciary duty in instructing Palm Bay to take the set-off; dismissing the sixth counterclaim
as a matter of law; and directing the Clerk of Court to enter judgment accordingly and to close
this case, it is
ORDERED AND ADJUDGED that the motion by the plaintiffs Palm Bay International
and David and Marc Taub for judgment as a matter of law, pursuant to Fed. R. Civ. 50(b), or for
a new trial pursuant to Fed. R. Civ. 59 (1) as to the plaintiff Palm Bay cause of action for breach
of the implied warranty of merchantability and (2) as to the third counterclaim based on the

Dispute Resolution Provision in the Importation Agreement is denied; that the motion by the
plaintiffs for judgment as a matter of law pursuant to Fed. R. Civ. 50(b) as to the sixth
counterclaim against David Taub and Marc Taub for breach of their fiduciary duty in instructing
Palm Bay to take the set-off is granted; that the sixth counterclaim is dismissed as a matter of
law; and that this case is hereby closed.

Dated: Central Islip, New York
July 15, 2011

ROBERT C. HEINEMANN
CLERK OF THE COURT
By:

2

/s/ Catherine Vukovich
Deputy Clerk