SCHWARTZMAN v. ROGUE INTERNATIONAL TALENT GROUP, INC. et al

Filing 32

ORDER THAT RECEIVER'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/13/14. 8/14/14 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PARTY.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KAMIAN SCHWARTZMAN, in his
capacity as Receiver,
Plaintiff,

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v.
ROGUE INTERNATIONAL
TALENT GROUP, INC., et al.,
Defendant.

CIVIL ACTION

No. 12-5255

ORDER
AND NOW, this 13th day of August, 2014, upon consideration of the Receiver’s Motion for
Summary Judgment, Defendant Roger Paul’s Opposition, Defendant Roger Paul’s Cross Motion to
Dismiss, and the Receiver’s Supplemental Statement of Undisputed Material Facts, it is hereby
ORDERED that:
1.

The Receiver’s motion (Document No. 23) is GRANTED in part and DENIED in
part, as follows:
a.

The Receiver’s motion is GRANTED with respect to the Receiver’s
fraudulent transfer claim against Defendant Roger Paul in the amount
of $61,411.55.

b.

The Receiver’s motion is DENIED as moot with respect to the
Receiver’s fraudulent transfer claim against Rogue International
Talent Group, Inc. (“Rogue”) and Roger Paul, Inc. (“RPI”).

c.

The Receiver’s motion is DENIED as moot with respect to the
Receiver’s unjust enrichment and equitable accounting claims.

d.

The Receiver’s motion is DENIED with respect to the Receiver’s

claim to pierce the corporate veils of Defendants Rogue and RPI to
hold Defendant Roger Paul liable for the debts of those companies.
2.

Defendant Roger Paul’s motion (Document No. 28) is DENIED.

3.

Judgment is entered in the Receiver’s favor against Defendant Roger Paul in the
amount of $61,411.55, plus pre- and post-judgment interest at the applicable legal
rate and court costs.

4.

A constructive trust is hereby imposed on Defendant Roger Paul’s assets in the
amount of $61,411.55, and Paul is enjoined from transferring or disposing of any
assets pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa. Cons.
Stat. § 5107.

BY THE COURT:

Berle M. Schiller, J.

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