FOX INTERNATIONAL RELATIONS et al v. FISERV SECURITIES, INC. et al

Filing 138

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN THEIR FAVOR ON THEIR CLAIMS AGAINST DEFENDANT ERIC LAUCIUS ASSERTED IN THE THIRD AMENDED COMPLAINT BE DENIED. ERIC LAUCIUS'S MOTION FOR SUMMARY JUDGMENT IN HIS FAVOR ON TH E COUNTERCLAIMS AGAINST PLAINTIFFS MICHAEL LISITSA AND NATAN LISITSA IS DENIED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS MICHAEL LISITSA AND NATAN LISITSA AND AGAINST DEFENDANT ERIC LAUCIUS ON THE COUNTERCLAIMS. DEFENDANT ERIC LAUCIUS'S MOTION FOR SANCTIONS IS DENIED. DEFENDANTS "JOHN DOES I-III" ARE DROPPED FROM THIS ACTION. THE CAPTION OS THIS CASE SHALL BE AMENDED TO DELETE ALL REFERENCES TO JOHN DOES I-III. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT MICHAEL KOGAN AND AGAINST DEFENDANT ERIC LAUCIUS ON LAUCIUS'S COUNTERCLAIM AND CROSS-CLAIM AGAINST KOGAN FOR CONTRIBUTION AND INDEMNITY. LAUCIUS'S COUNTERCLAIM AND CROSS-CLAIM AGAINST MARAT TSIERELSON IS DISMISSED ON THE GROUND THAT TSIERELSON IS NOT A PARTY TO THIS ACTION; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/22/09. 12/22/09 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOX INTERNATIONAL RELATIONS, MICHAEL LISITSA, and NATAN LISITSA Plaintiffs, vs. ERIC LAUCIUS, MICHAEL KOGAN and DOES I - III Defendants. : : : : : : : : CIVIL ACTION

NO. 04-5877

ORDER And Now, this 22nd day of December 2009, upon consideration of Plaintiff Fox International Relations's Motion for Entry of Summary Judgment Against Defendant Eric Laucius (Document No. 113, filed March 3, 2009; Document No. 115, filed March 4, 2009); Plaintiffs' Lisitsa,[sic] Natan Lisitsa and Fox Internatinal [sic] Motion for Judgment by Default Against Defendant Michael Kogan (Document 112, filed March 3, 2009), Defendant Eric Laucius's Motion for Summary Judgment (Document No. 123, filed June 6, 2009) and Defendant Eric Laucius's Motion for Sanctions (Document No. 124, filed June 9, 2009); and related submissions of the parties, for the reason set forth in the Memorandum dated December 22, 2009, IT IS ORDERED, as follows: 1. Plaintiffs' Motion for Summary Judgment in their favor on their claims against defendant Eric Laucius asserted in the Third Amended Complaint is DENIED. The Court, concluding that the evidence presented by plaintiffs in support of their claims against defendant Eric Laucius in their Third Amended Complaint is insufficient, sua sponte, enters JUDGMENT in FAVOR of defendant Eric Laucius and AGAINST plaintiffs on those claims. 2. Eric Laucius's Motion for Summary Judgment in his favor on the Counterclaims1 against

A copy of the "Answer, Counterclaims, Cross Claims [sic] of Defendant Eric Laucius, and Answer of Cross Claims to Third Amended Complaint" shall be docketed by the Deputy Clerk. -1-

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plaintiffs Michael Lisitsa and Natan Lisitsa is DENIED. Plaintiffs' response to defendant Eric Laucius's Motion for Summary Judgment in his favor, treated as a motion for summary judgment on the Counterclaims, is GRANTED with respect to the Counterclaims. JUDGEMENT is entered in FAVOR of plaintiffs Michael Lisitsa and Natan Lisitsa and AGAINST defendant Eric Laucius on the Counterclaims; 3. Defendant Eric Laucius's Motion for Sanctions is DENIED; 4. A ruling on plaintiffs' Motion for Default Judgment Against Kogan is DEFERRED, pending an assessment of damages hearing; 5. Defendants "John Does I - III" are DROPPED from this action. The caption of this case shall be AMENDED to delete all reference to John Does I - III. 6. JUDGEMENT is entered in FAVOR of defendant Michael Kogan and AGAINST defendant Eric Laucius on Laucius's Counterclaim and Cross-claim against Kogan for contribution and indemnity; 7. Laucius's Counterclaim and Cross-claim against Marat Tsierelson is DISMISSED on the ground that Tsierelson is not a party to this action; IT IS FURTHER ORDERED that the Court will schedule an assessment of damages hearing on plaintiffs' Motion for Default Judgment against defendant Michael Kogan in due course. BY THE COURT: /s/ Jan E. DuBois JAN E. DUBOIS, J.

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