Canouse v. Protext Mobility, Inc.

Filing 41

DEFAULT JUDGMENT: ORDERED, ADJUDGED AND DECREED, that Plaintiff Joseph C. Canouse have judgment against Defendant Protext Mobility, Inc. in the amount of $563,396.72, consisting of: (i) damages under the Notes in the amount of $56,462. 99 as set forth in the Canouse Declaration; (ii) damages under the Consulting Agreement in the amount of $330,000 as set forth in the Canouse Declaration; (iii) prejudgment interest under the Shanker Note in the amount of $8,649.11 as set forth in the Canouse Declaration; (iv) prejudgment interest under the Berman Note in the amount of $3,510.94 as set forth in the Canouse Declaration; (v) $3,803.19 under the Levine Note as set forth in the Canouse Declaration; and (vi) attorneys fees in the amount of $160,970.49 based on the 40% contingency fee as set forth in the Bonder Declaration. Motions terminated: 35 MOTION for Judgment Purusant To Rule 55(b)(2) filed by Joseph C Canouse. (Signed by Judge Louis L. Stanton on 11/19/2019) (rro)

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DOCUMENT
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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JOSEPH C. CANOUSE, an individual
Plaintiff,
Case No.: l:18-cv-03610
v.
PROTEXT MOBILITY, INC.
Defendant.

DEFAULT JUDGMENT
This action having been commenced by plaintiff JOSEPH C. CANOUSE ("Plaintiff')
by the filing of a civil complaint, civil coversheet and request for issuance of summons on April
23, 2018; and the Clerk of the Court having issued a summons on April 25, 2019; and the
summons and complaint having been served upon defendant PROTEXT MOBILITY, INC.
("Defendant") on May 10, 2018 care of Defendant's registered agent for service of process,
David Lewis; and Defendant having appeared in this action by Counsel on May 30, 2018, and
the Defendant having moved on July 19, 2018 to dismiss this action pursuant to Fed. R. Civ. P.
12(b); and the Court having entered a Memorandum & Order on January 30, 2019 granting in
part and denying in part Defendant's motion to dismiss; and Plaintiff having filed an amended
complaint on April 12, 2019; and Defendant having failed to answer or otherwise move with
respect to the amended complaint; and the Clerk of the Court having issued a Certificate of
Default against Defendant on September 5, 2019;
NOW, on Plaintiffs Motion for default Judgment and the supporting declarations

of Plaintiff Joseph C. Canouse ("Canouse Declaration") and Plaintiffs counsel Scott Bonder,
Esq. ("Bonder Declaration") and the exhibits thereto; it is hereby:

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ORDERED, ADJUDGED AND DECREED, that Plaintiff Joseph C. Canouse
have judgment against Defendant Protext Mobility, Inc. in the amount of $563,396.72,
consisting of: (i) damages under the Notes in the amount of $56,462.99 as set forth in the
Canouse Declaration; (ii) damages under the Consulting Agreement in the amount of $330,000
as set forth in the Canouse Declaration; (iii) prejudgment interest under the Shanker Note in the
amount of $8,649.11 as set forth in the Canouse Declaration; (iv) prejudgment interest under the
Berman Note in the amount of $3,510.94 as set forth in the Canouse Declaration; (v) $3,803.19
under the Levine Note as set forth in the Canouse Declaration; and (vi) attorneys fees in the
amount of $160,970.49 based on the 40% contingency fee as set forth in the Bonder Declaration.
Dated: New York, New York
November 19, 2019
Louis L. Stanton
United States District Judge

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