Chem RX Pharmacy Services, LLC v. Folts Home et al

Filing 55

ORDER: Based on the # 54 Stipulation, the Court hereby ORDERS that Plaintiff shall have judgment against Defendants, jointly and severally, as to Count II of Plaintiff's First Amended Complaint in the principal amount of $35,000.00 and po st-judgment interest pursuant to 28 U.S.C. § 1961 from the date of the entry of this Order until the judgment is paid in full. The Court further ORDERS that the Clerk of the Court shall enter a final judgment in favor of Plaintiff with respect to Count II of Plaintiff's First Amended Complaint and close this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 6/2/2015. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
CHEM RX PHARMACY SERVICES, LLC,
Plaintiff,
v.

6:13-CV-1216
(FJS/ATB)

FOLTS HOME doing business as Folts Homes
and FOLTS, INC doing business as Folts
Homes,
Defendants.
______________________________________________
APPEARANCES

OF COUNSEL

FULTZ MADDOX
HOVIOUS & DICKENS PLC
101 South Fifth Street
27th Floor
Louisville, Kentucky 40202
Attorneys for Plaintiff

BENJAMIN C. FULTZ, ESQ.
JENNIFER M. STINNETT, ESQ.
MATTHEW C. WILLIAMS, ESQ.

BOND, SCHOENECK & KING, PLLC
One Lincoln Center
Syracuse, New York 13202
Attorneys for Defendants

CAMILLE WOLNIK HILL, ESQ.

SCULLIN, Senior Judge
ORDER
Based on the parties' Stipulation to Entry of Order of Judgment, filed October 14, 2014, the
Court issued an Order of judgment in favor of Plaintiff and against Defendants, jointly and
severally, as to Counts I and VI of Plaintiff's First Amended Complaint and dismissed Counts III, IV
and V of Plaintiff's First Amended Complaint on the merits with prejudice. See Dkt. No. 42 at 1-2.
The Court further ordered that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, final

judgment should be entered with respect to Counts I, III, IV, V, and VI of Plaintiff's First Amended
Complaint. See id. at 2-3.
On May 29, 2015, the parties filed a stipulation to entry of judgment with respect to the only
remaining claim, Count II of Plaintiff's First Amended Complaint. See Dkt. No. 54. Based on this
stipulation, the Court hereby
ORDERS that Plaintiff shall have judgment against Defendants, jointly and severally, as to
Count II of Plaintiff's First Amended Complaint in the principal amount of $35,000.00 and postjudgment interest pursuant to 28 U.S.C. § 1961 from the date of the entry of this Order until the
judgment is paid in full; and the Court further
ORDERS that the Clerk of the Court shall enter a final judgment in favor of Plaintiff with
respect to Count II of Plaintiff's First Amended Complaint and close this case.1

IT IS SO ORDERED.

Dated: June 2, 2015
Syracuse, New York

1

As noted this judgment is in addition to the final judgment that the Court entered with
respect to Counts I, III, IV, V, and VI of Plaintiff's First Amended Complaint.
-2-