Jimico Enterprises, Inc. et al v. Lehigh Gas Corporation

Filing 121

AMENDED JUDGMENT: It is ordered that plaintiff Brownson Enterprises, Inc., is awarded $51,431.38, further ordered that plaintiff Jimico Enterprises, Inc., is awarded $120,461.38, further ordered that Lehigh Gas Corporation is awarded $ 84,889.72 as a counter-plaintiff from counter-defendant Brownson Enterprises, Inc., and Peter Brownson as the guarantor, therefore the offset amount owed to Lehigh Gas Corporation by Brownson Enterprises, Inc., is $33,458.34. Plaintiffs' ar e awarded attorney's fees in the amount of $289,320.00, paralegal fees in the amount of $ 9,763.84 and expert fees in the amount of $21,622.93. Plaintiff is awarded costs in the amount of $12,982.63. Plaintiff Jimico Enterprises is awarded pre-judgment interest in the amount of $53,449.85 and post-judgment interest at the rate of 0.10% accruing from the date of the 9/30/2011 Order. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
AMENDED JUDGMENT IN A CIVIL CASE
JIMICO ENTERPRISES, INC.
and BROWNSON ENTERPRISES, INC.
vs.

CASE NUMBER:

1:07-cv-578
(GTS/RFT)

LEHIGH GAS CORPORATION

Decision by Court.

This action came to trial or hearing before the Court. The
issues have been tried or heard and a decision has been
rendered.

IT IS ORDERED AND ADJUDGED that Defendant’s motion for partial summary
judgment (Dkt. No. 42) is GRANTED in part and DENIED in part; and
IT IS ORDERED AND ADJUDGED that Plaintiffs’ cross-motion for summary
judgment (Dkt. No. 44) on liability regarding Defendant’s improper notice is GRANTED;
and
IT IS ORDERED AND ADJUDGED that Plaintiff Jimico Enterprises, Inc. is
awarded $120,461.38; and
IT IS ORDERED AND ADJUDGED that Plaintiff Brownson Enterprises, Inc. is
awarded a total of $51,431.38 to be offset by the amount awarded to
Defendant/Counter-Plaintiff Lehigh as set forth below; and
IT IS ORDERED AND ADJUDGED that Defendant/Counter-Plaintiff Lehigh's
motion for summary judgment on its counterclaims is GRANTED in part and DENIED in
part in the following respects (1) Lehigh's counterclaim for breach-of-contract against
Plaintiff Brownson and Peter Brownson, as the guarantor, is GRANTED and Lehigh is
awarded $84,889.72 to be offset by the amount awarded to Plaintiff Brownson as set
forth above in the amount of $51,431.38. The remaining balance owed by Plaintiff
Brownson due to Defendant/Counter-Plaintiff Lehigh is $33,458.34; (2) Lehigh's
counterclaim for unjust enrichment is DENIED; and (3) Lehigh's request for attorney's
fees, pursuant to the TFA, is GRANTED; and
IT IS ORDERED AND ADJUDGED that Plaintiffs' motion for attorney's fees,
paralegal fees, and expert fees is GRANTED in part and DENIED in part in that
Plaintiffs are awarded a total of $289,320.00 in attorney's fees, $9,763.84 in paralegal
fees, and $21,622.93 in expert fees; and

IT IS ORDERED AND ADJUDGED that Plaintiffs' motion for costs is GRANTED
in part and DENIED in part in that Plaintiffs are awarded a total of $12,982.63 in costs;
and
IT IS ORDERED AND ADJUDGED that Plaintiff Brownson’s motion for pre- and
post-judgment interest is DENIED; and Plaintiff Jimico's motion for pre-judgment interest
is GRANTED in part and DENIED in part in that Plaintiff Jimico is awarded $53,449.85
in pre-judgment interest; and (3) Plaintiff Jimico's motion for post-judgment interest is
GRANTED at the rate of 0.10%, accruing from 9/30/11.
All of the above pursuant to the memorandum-decision and orders of the
Honorable Judge Glenn T. Suddaby dated July 27, 2010 (Dkt. No. 68), October 14,
2010 (Dkt No. 82), September 30, 2011 (Dkt No. 117) and October 14, 2011 (Dkt. 120).
DATED: October 14, 2011

s/
L. Welch
Deputy Clerk