Conway et al v. Conway et al

Filing 81

OPINION AND ORDER re: 54 MOTION to Dismiss filed by Charles Fabrikant, Deanna L. Koestel, G. Todd Conway, David C. Roberts, Fred Farkouh, David Bondy, Autoclear LLC, R. Chris. Regan, 44 MOTION to Dismiss filed b y American Arbitration Association. For the reasons set forth above, Defendants' motions are GRANTED, and IT IS HEREBY ORDERED that Plaintiffs' First Amended Complaint is DISMISSED. IT IS FURTHER ORDERED that, pursuant to Federal R ule of Civil Procedure 11 and the Court's inherent authority, Plaintiff Brad Conway is sanctioned in the amount of $20,898.34. Of that total, $20,142.10 shall be paid to the Company Defendants through their counsel, Norris, McLaug hlin & Marcus P.A.; $428.29 shall be paid to the U.S. Marshals Service for the Southern District of New York; and $327.95 shall be paid to the U.S. Marshals Service for the District of New Jersey. All payments shall be made by April 15, 2019, and Conway shall file an affidavit attesting to payment by that date. The Clerk of Court is respectfully directed to terminate the motions pending at 44, 54, and 79, mail a copy of this Order to Plaintiffs, and to close this case. (S igned by United States Circuit Judge Richard J. Sullivan, Sitting by Designation on 3/22/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.

Furthermore, the Court notes that it directed the U.S. Marshals Service to serve Defendants
on Plaintiff Brad Conway's behalf based on his fraudulent in forma pauperis application. The
U.S. Marshals Service in both the Southern District of New York and the District of New Jersey
collectively incurred $756.24 in fees related to this service. Accordingly, pursuant to Rule 11 and
the Court's inherent authority, the Court will also sanction Brad Conway for that amount.
III.

CONCLUSION

For the reasons set forth above, Defendants' motions are GRANTED, and IT IS HEREBY
ORDERED that Plaintiffs' First Amended Complaint is DISMISSED.

IT IS FURTHER

ORDERED that, pursuant to Federal Rule of Civil Procedure 11 and the Court's inherent
authority, Plaintiff Brad Conway is sanctioned in the amount of $20,898.34. Of that total,
$20,142.10 shall be paid to the Company Defendants through their counsel, Norris, McLaughlin
& Marcus P.A.; $428.29 shall be paid to the U.S. Marshals Service for the Southern District of
New York; and $327.95 shall be paid to the U.S. Marshals Service for the District of New Jersey.
All payments shall be made by April 15, 2019, and Conway shall file an affidavit attesting to
payment by that date.
The Clerk of Court is respectfully directed to terminate the motions pending at 44, 54, and
79, mail a copy of this Order to Plaintiffs, and to close this case.
SO ORDERED.

Dated:

March 22, 2019
New York, New York
RI HARDJ. SULLIVAN
UNITED STATES CIRCUITJUDGE
Sitting by Designation

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