Cooke et al v. DB 85 Gym Corp et al

Filing 40

MEMO ENDORSEMENT: denying 35 motion 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. ENDORSEMENT: "Motion denied as moot, the settlement having been consummated. As to sanctions, the lateness in payment is criticizable, but not so much as to justify sanctions. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/2012) (pl)

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

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11 Civ. 0201 (AKH) (RLE)

Plaintiffs,
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DB 85 GYM CORP. d/b/a DAV1D BARTON GYM,
CV II GYM, LLC d/b/a DAVID BARTON GYM,
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CV VI, LLC d/b/a DAV1D BARTON GYM, DB..H-. ..JII'!.. " _
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BROADWAY GYM CORP. d/b/a DAVID --~
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BARTON GYM, KEVIN KAVANAUGH, and ctr..'O'f"""",,,~'
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CARL HELMLE, m,
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Defendants.

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PLEASE TAKE NOTICE that, upon the accompanying Declaration

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Stark, dated October 23,2012, with attached exhibits, Plaintiffs' Memorandum

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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 attomey'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.l(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"

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Dated: New York, New York
October 23,2012

THE DWECK LAW FIRM, LLP

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By: Corey §tark (CS-3897)
Attorneysfor Plaintiffs
75 Rockefeller Plaza, 16th Floor
New York, New York 10019
(212) 687·8200

2

Judge wrote:
"Motion denied as moot, the settlement having been
consummated. As to sanctions, the lateness in payment is
criticizable, but not so much as to justifY sanctions.
So Ordered.
12/4112
Alvin K. Hellerstein"