Prendergast et al v. Quesada et al

Filing 104

CONSENT JUDGMENT: NOW, therefore, before the taking of any testimony and without trial or adjudication of any issue of fact or law, it is hereby ORDERED, ADJUDGED AND DECREED: This Court has jurisdiction of the subject matter and each of the p arties to this action pursuant to 28 U.S.C. § 1332(c). The Complaint and Counterclaim state claims upon which relief may be granted against the parties. Venue is appropriate in this District pursuant to 28 U.S.C. § 1391(b)(2). Pursuant to Paragraph l(c) of the Settlement Agreement, Defendant Quesada agrees to a judgment against him personally in the amount of One Hundred Forty-Five Thousand and 00/100 U.S. Dollars ($145,000.00) ("Amount of Judgment"). Plaintiffs shal l not to take any efforts to enforce this judgment against Quesada until the latter of the following: (i) Quesada fulfills his payment obligations set forth in Section 1(b) or otherwise defaults on that obligation; and (ii) the Bankruptcy Action i s fully administered by the Trustee. Except as expressly set forth in this paragraph 1 of Section IV of this Consent Judgment, all claims asserted in Plaintiffs' Complaint and Defendant's Counterclaims are hereby dismissed with prejudic e. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. As further set forth in this Order. SO ORDERED this 1st day of December, 2020. (Signed by Judge Philip M. Halpern on 12/1/2020) (ks)

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Case 7:17-cv-08250-PMH-JCM Document 104 Filed 12/01/20 Page 4 Case 7-17-cv-08250-PMH-JCM Document 103 Filed in NYSD on 11/30/20201 ofPage 1 of 4 Case 7:17-cv-08250-PMH-JCM Document 104 Filed 12/01/20 Page 4 Case 7-17-cv-08250-PMH-JCM Document 103 Filed in NYSD on 11/30/20202 ofPage 2 of 4 Case 7:17-cv-08250-PMH-JCM Document 104 Filed 12/01/20 Page 4 Case 7-17-cv-08250-PMH-JCM Document 103 Filed in NYSD on 11/30/20203 ofPage 3 of 4 1st December Philip M. Halpern Case 7:17-cv-08250-PMH-JCM Document 104 Filed 12/01/20 Page 4 Case 7-17-cv-08250-PMH-JCM Document 103 Filed in NYSD on 11/30/20204 ofPage 4 of 4

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