Elof Hansson USA Inc. v. Santiago et al

Filing 139

CLERK'S JUDGMENT re: 138 Order. in favor of Elof Hansson USA Inc. against Edgar Santiago in the amount of $ 1,365,519.42. On November 20, 2020, the Court issued its findings of fact and conclusions of law on the record pursuant to F ed. R Civ. P. 52(a) with respect to the non-jury trial held from August 31 to September 3, 2020, in this action; having found that plaintiff has proven, by a preponderance of the evidence, its claims for Violation of Duty of fidelity and Undivided Lo yalty (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 against defendant Edgar Santiago, and has not proved its claim for breach of Employment Contract (Count One), It is hereby ORDERED, ADJUDGED AND DECREED: 1. Plaintiff is entitled to $1,039,684.99 in damages, plus prejudgment interest.2. Pre-judgment interest will be calculated at the New York statutory rate of 9% perAnnum, beginning on June 2, 2017, defendant Edgar Santiago's final date of employment withElof Hansson USA Inc.3. The Court having expressly determined, for the reasons set forth on the record,That there is no just reason fo r delay, final judgment in favor of plaintiff and against Defendant Edgar Santiago pursuant to Fed, R, Civ, P, 54(b) is hereby entered 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) damages are awarded in the amount of $1,039,684.99, plus pre-judgment interest calculated at the New York statutory rate of 9% per annum, beginning on June 2, 2017 in the amount of $325,834.43; this judgment also dismisses plaintiff's claim for breach of Employment Contract (Count One). (Signed by Clerk of Court Ruby Krajick on 11/24/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 7:18-cv-02758-VB Document 139 Filed 11/24/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
ELOF HANSSON USA INC.,
Plaintiff,
-against-

18 CIVIL 2758 (VB)

RULE 54(b) JUDGMENT

EDGAR SANTIAGO and BOLIVAR ERNESTO
INFANTE QUINONES,
Defendants.
------------------------------------------------------------X
On November 20, 2020, the Court issued its findings of fact and conclusions of law on
the record pursuant to Fed. R Civ. P. 52(a) with respect to the non-jury trial held from August 31
to September 3, 2020, in this action; having found that plaintiff has proven, by a preponderance
of the evidence, its claims for 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 against
defendant Edgar Santiago, and has not proved its claim for breach of Employment Contract
(Count One), It is hereby ORDERED, ADJUDGED AND DECREED:
1.

Plaintiff is entitled to $1,039,684.99 in damages, plus prejudgment interest.

2.

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.
3.

The Court having expressly determined, for the reasons set forth on the record,

That there is no just reason for delay, final judgment in favor of plaintiff and against

Case 7:18-cv-02758-VB Document 139 Filed 11/24/20 Page 2 of 2

Defendant Edgar Santiago pursuant to Fed, R, Civ, P, 54(b) is hereby entered 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) damages are awarded in the amount
of $1,039,684.99, plus pre-judgment interest calculated at the New York statutory rate of 9% per
annum, beginning on June 2, 2017 in the amount of $325,834.43; this judgment also dismisses
plaintiff’s claim for breach of Employment Contract (Count One).

DATED: New York, New York
November 24, 2020
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk