Elof Hansson USA Inc. v. Santiago et al

Filing 138

ORDER: it is hereby ORDERED, ADJUDGED, AND DECREED: Plaintiff is entitled to $1,039,684.99 in damages, plus pre-judgment interest. Pre-judgment interest will be calculated at the New York statutory rate of 9% per annum, beginning on June 2, 2017, defendant Edgar Santiago's final date of employment with Elof Hansson USA Inc. The Court having expressly determined, for the reasons set forth on the record, that there is no just reason for delay, the Clerk is instructed to enter final judgment in favor of plaintiff and against defendant Edgar Santiago pursuant to Fed. R. Civ. P. 54(b) on the following claims: Violation of Duty of Fidelity and Undivided Loyalty (Count Two); Breach of Fiduciary Duty (Count Three); Faithless Servant (Count Four); Conversion (Counts Five, Six, and Seven); Replevin (Count Nine); and Unjust Enrichment (Count Ten). Said judgment shall award damages in the amount of $1,039,684.99, plus pre-judgment interest calculated at the New York statutory r ate of 9% per annum, beginning on June 2, 2017. The judgment shall also dismiss plaintiffs claim for Breach of Employment Contract (Count One). By December 31, 2020, plaintiff shall move, by order to show cause and in accordance with the Court&# 039;s Individual Practices, for default judgment against defendant Bolivar Ernesto Infante Quinones. If plaintiff fails to satisfy this deadline, the Court may dismiss the case as to defendant Quinones without prejudice for failure to prosecute or failure to comply with court orders. Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/23/2020) (ama) Transmission to Orders and Judgments Clerk for processing.

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