NRFC PHILMONT HOLDINGS, LLC v. AWEBER SYSTEMS, INC.

Filing 72

ORDERED THAT JUDGMENT BE ENTERED IN FAVOR OF NRFC AND AGAINST AWEBER ON COUNT I ON NRFC'S COMPLAINT IN THE AMOUNT OF $948,546.34. IT IS ORDERED THAT JUDGMENT BE ENTERED IN FAVOR OF NRFC AND AGAINST AWEBER ON COUNTS I AND II OF AWEBER'S COUNTERCLAIM. IT IS ORDERED THAT JUDGMENT BE ENTERED IN FAVOR OF 3103 AND AGAINST AWEBER ON COUNTS I, II, AND III OF AWEBER'S JOINDER COMPLAINT. THE CLERK IS DIRECTED TO CLOSE THIS MATTER FOR STATISTICAL PURPOSES. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 4/16/2014. 4/17/2014 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NRFC PHILMONT HOLDINGS, LLC : : Plaintiff/Counterclaim Defendant, : : v. : : AWEBER SYSTEMS, INC. : : Defendant/Counterclaim Plaintiff, : : v. : : 3103 PHILMONT ACQUISITION PARTNERS, : L.P. a/k/a 3103 PHILMONT ACQUISITION, L.P. : : Third Party Defendant : CIVIL ACTION NO. 12-7019 ORDER AND NOW, this 16th day of April, 2014, following a bench trial and upon consideration of the record of that trial, together with the parties’ post-trial filings (Doc. Nos. 67-69), and for the reasons set out in the Court’s Memorandum Opinion: 1. The Court finds in favor of NRFC Philmont Holdings, LLC (“NRFC”) and against Defendant AWeber Systems, Inc. (“AWeber”) on Count I of NRFC’s Complaint (Doc. No. 1); 2. The Court finds in favor of NRFC and against AWeber on Counts I and II of AWeber’s counterclaim (Doc. No. 9); and 3. The Court finds in favor of 3103 Philmont Acquisition Partners, L.P. a/k/a 3103 Philmont Acquisition, L.P. (“3103”) and against AWeber on Counts I, II, and III of AWeber’s Joinder Complaint (Doc. No. 12). It is therefore ORDERED that JUDGMENT be entered in favor of NRFC and against AWeber on Count I of NRFC’s complaint in the amount of $948,546.34. It is ORDERED that JUDGMENT be entered in favor of NRFC and against AWeber on Counts I and II of AWeber’s counterclaim. It is ORDERED that JUDGMENT be entered in favor of 3103 and against AWeber on Counts I, II, and III of AWeber’s Joinder Complaint. The Clerk is directed to close this matter for statistical purposes. BY THE COURT: /s/ David R. Strawbridge DAVID R. STRAWBRIDGE UNITED STATES MAGISTRATE JUDGE 2

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