Cooke et al v. DB 85 Gym Corp et al

Filing 35

MOTION for Sanctions and To Enforce The Settlement Agreement. Document filed by Deborah R. Cooke.(Stark, Corey)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
DEBORAH R. COOKE and CHRISTINA
M. RODINO,

11 Civ. 0201 (AKH) (RLE)

Plaintiffs,
-againstDB 85 GYM CORP. d/b/a DAVID BARTON GYM,
CV II GYM, LLC d/b/a DAVID BARTON GYM,
CV VI, LLC d/b/a DAVID BARTON GYM, DB
BROADWAY GYM CORP. d/b/a DAVID
BARTON GYM, KEVIN KAVANAUGH, and
CARL HELMLE, III,

Notice of Motion

Defendants.
--------------------------------------------------------------X
PLEASE TAKE NOTICE that, upon the accompanying Declaration of Corey
Stark, dated October 23, 2012, with attached exhibits, Plaintiffs’ Memorandum of Law,
dated October 23, 2012, and all the pleadings and proceedings herein, Plaintiffs hereby
move for enforcement of the settlement agreement between the parties and the imposition
of sanctions against Defendants, pursuant to 28 U.S.C. §1927 and the court’s inherent
power to control abusive litigation conduct, compensating Plaintiffs for attorney’s fees
resulting from good faith efforts to obtain Defendants’ compliance with the terms of the
settlement agreement and the time expended on this enforcement motion.
PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 6.1(b), any
opposing affidavits and answering memoranda shall be served within fourteen days after
service of this notice and accompanying moving papers, and any reply affidavits and
memoranda of law shall be served within seven days after service of the answering
papers.

Dated: New York, New York
October 23, 2012
THE DWECK LAW FIRM, LLP

___________/s/_______________
By: Corey Stark (CS-3897)
Attorneys for Plaintiffs
75 Rockefeller Plaza, 16th Floor
New York, New York 10019
[phone]

2