Kraus USA, Inc. v. Magarik et al

Filing 237

CONSENT ORDER DISMISSING ALL CLAIMS, COUNTERCLAIMS AND/OR THIRD PARTY CLAIMS WITH PREJUDICE: IT IS HEREBY RESOLVED, CONSENTED TO AND ORDERED AS FOLLOWS: Any and all claims and causes of action asserted in this action, and/or that could have been as serted in this action, by the Parties against one another are hereby DISMISSED WITH PREJUDICE, without attorneys' fees and without costs. (As further set forth in this Order.) The Clerk of the Court is hereby directed to close the file on this Action. (Signed by Judge Edgardo Ramos on 5/24/2021) (cf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

KRAUS USA, INC.,
Plaintiff,
V.

No. 1:17-cv-06541-ER
SERGIO MAGARIK a/k/a SERGEI MAGARIK,
VONN, LLC a/k/a VONN LIGHTING, LLC
d/b/a VONN LIGHTING, VIGO INDUSTRIES,
LLC, LENNY V ALDBERG and NIGEL
CHALLENGER
Defendants.
VIGO INDUSTRIES LLC
Counterclaimant &
Third-Party Plaintiff

Hon. Edgardo Ramos

CONSENT ORDER DISMISSING
ALL CLAIMS, COUNTERCLAIMS
AND/OR THIRD PARTY CLAIMS
WITH PREJUDICE

V.

KRAUS USA, INC.
Counterclaim
Defendant,
and
TODD ALEXANDER
Third-Party
Defendant.
WHEREAS on August 28, 2017, plaintiff Kraus USA, Inc. ("Kraus") filed a Complaint in
this matter against defendants: (i) Sergio Magarik ("Magarik"); (ii) Vonn, LLC a/k/a Vonn
Lighting, LLC d/b/a Vonn Lighting ("Vonn"); (iii) Vigo Industries, LLC ("Vigo"); (iv) Lenny
Valdberg ("Valdberg"); and (v) Nigel Challenger ("Challenger") (Magarik, Vonn, Vigo, Valdberg
and Challenger shall collectively be referred to as "Defendants") (See ECF #1);
WHEREAS on September 19, 2017, Magarik filed an Answer, Counterclaim and ThirdParty Complaint in this matter against: (i) Kraus; (ii) Russell Levi ("Levi"); (iii) Michael Rukhlin;
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("Rukhlin"); (iv) Dan Lusby ("Lusby"); (v) Kraus China ("Kraus China"); and (vi) Enpower, LLC
("Enpower") (Levi, Rukhlin, Kraus China, and Enpower shall collectively be referred to
collectively as "Third-Party Defendants") (See ECF #21 and ECF #22);

WHEREAS, on October 16, 2018, Magarik filed an Amended Counterclaim & ThirdParty Complaint against Kraus and Third-Party Defendants (See ECF #126 and ECF #127); and

WHEREAS, on October 17, 2018, Vigo filed a Counterclaim against Kraus and Todd
Alexander ("Alexander") (See ECF #128);

WHEREAS on May 12, 2020, certain counts in Kraus' Complaint were dismissed with
prejudice and without prejudice (See ECF #166);

WHEREAS by Order dated September 30, 2019, Magarik's claims against the Third-Party
Defendants were dismissed (See ECF #155);

WHEREAS, on May 22, 2020, Kraus filed a First Amended Complaint against Defendants
(See ECF #168);

WHEREAS for ease of reference, the claims that Kraus asserted in ECF # 1 and # 168
shall be referred to as the "Kraus Claims" and the clams asserted by any of the Defendants in
ECF #21, #22, #126, #127 and #128 shall be referred to as the "Vigo Claims";

WHEREAS all the parties to this Consent Order shall be collectively referred to as "the
Parties";

WHEREAS the Parties have agreed to dismiss any and all of the Kraus Claims and all of
the Vigo Claims remaining in this matter with prejudice and without attorneys' fees and costs;

WHEREAS the Parties agree to forego the right to seek appeal from any Orders issued in
this case though the date of this Consent Order; and

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WHEREAS the Parties now jointly submit this Consent Order for approval and entry by

the Court to fully settle and resolve any and all of the Kraus Claims and the Vigo Claims;
IT IS HEREBY RESOLVED, CONSENTED TO AND ORDERED AS FOLLOWS:

1.

Any and all claims and causes of action asserted in this action, and/or that could

have been asserted in this action, by the Parties against one another are hereby DISMISSED
WITH PREJUDICE, without attorneys' fees and without costs.

2.

This Consent Order of dismissal shall have no effect whatsoever on the appeal in

the separate matter captioned Magarik v. Kraus USA, Inc., et. al., currently pending before the
New York Supreme Court, Appellate Division, Second Department under Docket# 2020-04299,
Docket# 2020-04302 and Docket# 2020-04303 ("the 1118 Action Appeal") involving Sergio
Magarik' s ("Magarik") appeal of the trial court decision in the matter captioned Magarik v. Kraus
USA, Inc., et. al., Index# 606128/2015 (Sup. Ct. Nassau County); ("the 1118 Action").

3.

This Consent Order of dismissal shall have no effect whatsoever upon the rights

and claims of any party to the 1118 Action and the 1118 Action Appeal, and all such rights and
claims are hereby expressly reserved, including any and all of Magarik's claims and rights under
Section 1118 of New York's Business Corporation Law (the "Section 1118 Claim") asserted in
the 1118 Action and 1118 Action Appeal, including but not limited to any further appeals or
proceedings involving the 1118 Action and/or the 1118 Action Appeal..
4.

The Clerk of the Court is hereby directed to close the file on this Action.

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Dated: New York, New York
May 24, 2021

SO ORDERED:

Hon. Edgardo Ramos, U.S.D.J.
We hereby consent to the form and entry of the within Order:

FOX ROTHSCHILD LLP
Attorneys for Plaintiff, Third Party
Defendants and Todd Alexander

By:

______,a. _ai1._,. _,. d ,~
.

Jofaan Kaplah, Esq.

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BRACH EICHLER, LLC
Attorneys for Vonn LLC, Vigo Industries,
LLC, Sergio Magarik, Lenny Valdberg &
Nigel Challenger
By:._ __ _ __ __ _ __
Bob Kasolas, Esq.