Crown Awards, Inc. v. Trophy Depot, Inc. et al

Filing 133

MEMO ENDORSEMENT on re: 87 Motion for Sanctions ADOPTING REPORT AND RECOMMENDATIONS for 87 Motion for Sanctions filed by Howard Becker, James O'Boyle, Trophy Depot, Inc., 128 Report and Recommendations. ENDORSEMENT: Defendants' objections to the report and recommendation of Magistrate JudgeAndrew J. Peck (the "R&R"), which recommends denial of plaintiff's motion for sanctions [DI 87],are overruled and the motion is denied. The Court finds no clear error, and the recommendation isnot contrary to law. In any case, the Court would deny the motion in the exercise of discretion.This is not to condone what Judge Peck described as admissions and "clear andconvincing evidence of intentional falsehoods by C rown's witnesses." R&R at 23. The UnitedStates Attorney should consider whether criminal charges are appropriate, as perjury in civil casesshould not be tolerated any more than perjury before grand juries and in criminal trials. (Signed by Judge Lewis A. Kaplan on 7/14/2017) (jwh)

Case 1:15-cv-01178-LAK-AJP Document 87 Filed 07/15/16 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CROWN AWARDS, INC.,
- against –

15-cv-01178 (LAK) (AJP)

Plaintiffs,

NOTICE OF MOTION

TROPHY DEPOT, INC.;
JAMES O’BOYLE; and
HOWARD BECKER,
Defendants

PLEASE TAKE NOTICE that, upon the accompanying Declarations of Jonathan Pink, Joshua
Hodas, James O’Boyle and Howard Becker, including all of exhibits referenced therein, and upon
the accompanying Memorandum of Law, and upon all prior proceedings, pleadings and filings in
this action, Defendants will move this Court on a date to be determined by the Court, before the
Honorable Lewis A. Kaplan, United States District Judge, at the Daniel Patrick Moynihan United
States Courthouse, 500 Pearl Street, Courtroom 21B, New York, New York, for an Order
sanctioning Crown Awards, Inc. and its attorneys, Richard Lehv and the firm Fross Zelnick
Lehrman & Zissu, P.C., in an amount of not less than $1,568,155.45, to compensate Defendants for
the costs incurred and reasonable attorneys’ fees generated defending this lawsuit, pursuant to 28
U.S.C. § 1927 and its inherent powers to sanction parties who abuse the judicial process or
perpetrate fraud upon the court, and granting such other and further relief as is just and proper.
DATED: July 15, 2016

Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH

LLP

By: /s/ Jonathan S. Pink
Jonathan S. Pink ([e-mail])
Attorneys for Trophy Depot, Inc.; James O’Boyle; and
Howard Becker

4822-5704-8372.3

1

Case 1:15-cv-01178-LAK-AJP Document 87 Filed 07/15/16 Page 2 of 2

77 Water Street
New York, New York 10005
212-232-1300
633 West 5th Street
Los Angeles, California 90071
212-250-1800
To:

FROSS ZELNICK LEHRMAN & ZISSU, P.C.
Attorneys for Plaintiff
866 United Nations Plaza
New York, NY 10017
[phone]

4822-5704-8372.3

2

Memorandum Endorsement

Crown Awards, Inc. v. Trophy Depot, Inc., 15-cv-1178 (LAK)

Defendants’ objections to the report and recommendation of Magistrate Judge
Andrew J. Peck (the “R&R”), which recommends denial of plaintiff’s motion for sanctions [DI 87],
are overruled and the motion is denied. The Court finds no clear error, and the recommendation is
not contrary to law. In any case, the Court would deny the motion in the exercise of discretion.
This is not to condone what Judge Peck described as admissions and “clear and
convincing evidence of intentional falsehoods by Crown's witnesses.” R&R at 23. The United
States Attorney should consider whether criminal charges are appropriate, as perjury in civil cases
should not be tolerated any more than perjury before grand juries and in criminal trials.
SO ORDERED.
Dated:

July 14, 2017

/s/
Lewis A. Kaplan
__________________________________________
Lewis A. Kaplan
United States District Judge