FRENKEL v. WEBSTER et al

Filing 68

MEMORANDUM AND ORDER THAT THE COURT DENIES DEFAULT JUDGMENT AGAINST BAKER ON COUNTS I,II,VI,VIII,IX,X,XI,XIV,XV, AND XVI. THE COURT ENTERS DEFAULT JUDGMENT AGAINST WEBSTER ON COUNTS I,II,V,VII,VIII, AND IX. THE COURT ENTERS DEFAULT JUDGMENT AGAINST B AKER ENTERPRISES ON COUNTS I,II,VI,VIII,IX,X,XI,XIV,XV, AND XVI. THE COURT ENTERS DEFAULT JUDGMENT AGAINST BAKER GROUP ON COUNTS I,II,VIII,IX,X,XI,XV, AND XVI. THE COURT ENTERS DEFAULT JUDGMENT AGAINST NEW LIFE CHURCH ON COUNTS X,XI,XV, AND XVI AND D ISMISSES NEW LIFE CHURCH FROM COUNTS I,II,VIII, AND IX. THE COURT ENTERS DEFAULT JUDGMENT AGAINST FITZGERALD ON COUNTS I,II,VIII, AND IX. THE COURT DISMISSES KLEIN FROM COUNTS I,II,VIII, AND IX. THE COURT ENTERS DEFAULT JUDGMENT AGAINST KUMAR ON COUN TS I,VIII, AND IX. THE COURT ENTERS DEFAULT JUDGMENT AGAINST E-TITLE ON COUNTS I,VIII, AND IX. THE COURT ENTERS DEFAULT JUDGMENT AGAINST KING ON COUNTS X,XI,XV, AND XVI. THE COURT ENTERS DEFAULT JUDGMENT AGAINST FOUR KINGS ON COUNTS X,XI,XV, AND XVI. ON COUNTS I,II,V,VI,VII,VIII, AND IX, WEBSTER, BAKER ENTERPRISES, BAKER GROUP, FITZGERALD, KUMAR, AND E-TITLE ARE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES OF $250,000, REPRESENTING THE LOST FRENKEL FUNDS. ON COUNT VI, BAKER ENTERPRISES IS ADDIT IONALLY LIABLE FOR $61,541.10 IN INTEREST PLUS $102.74 PER DIEM. ON COUNTS X,XI,XIV,XV, AND XVI, BAKER ENTERPRISES, BAKER GROUP, NEW LIFE CHURCH, KING, AND FOUR KINGS ARE JOINTLY AND SEVERALLY LIABLE FOR $250,000 IN DAMAGES, REPRESENTI NG THE LOST SUGAR DEPOSIT. ON COUNT XIV, BAKER ENTERPRISES IS ADDITIONALLY LIABLE FOR $43,150.68 IN INTEREST PLUS $82.19 PER DIEM. ON COUNTS VI AND XIV, BAKER ENTERPRISES IS FURTHER LIABLE FOR $11,515 IN ATTORNEYS' FEES AND $92.70 IN LITIGATION COSTS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/4/14. 11/5/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEON FRENKEL,
Plaintiff,
v.
KENNETH H. BAKER, et al.,
Defendants.

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CIVIL ACTION

No. 13-5880

ORDER
AND NOW, this 4th day of November, 2014, on consideration of Plaintiff’s Application for
Default Judgment and accompanying memorandum (Document Nos. 63 and 64), and for the reasons
provided in this Court’s Memorandum dated November 4, 2014, it is hereby ORDERED that:
1.

The Court denies default judgment against Baker on Counts I, II, VI, VIII, IX, X, XI,
XIV, XV, and XVI.

2.

The Court enters default judgment against Webster on Counts I, II, V, VII, VIII, and
IX.

3.

The Court enters default judgment against Baker Enterprises on Counts I, II, VI,
VIII, IX, X, XI, XIV, XV, and XVI.

4.

The Court enters default judgment against Baker Group on Counts I, II, VIII, IX, X,
XI, XV, and XVI.

5.

The Court enters default judgment against New Life Church on Counts X, XI, XV,
and XVI and dismisses New Life Church from Counts I, II, VIII, and IX.

6.

The Court enters default judgment against Fitzgerald on Counts I, II, VIII, and IX.

7.

The Court dismisses Klein from Counts I, II, VIII, and IX.

8.

The Court enters default judgment against Kumar on Counts I, VIII, and IX.

9.

The Court enters default judgment against E-Title on Counts I, VIII, and IX.

10.

The Court enters default judgment against King on Counts X, XI, XV, and XVI.

11.

The Court enters default judgment against Four Kings on Counts X, XI, XV, and
XVI.

12.

On Counts I, II, V, VI, VII, VIII, and IX, Webster, Baker Enterprises, Baker Group,
Fitzgerald, Kumar, and E-Title are jointly and severally liable for damages of
$250,000, representing the lost Frenkel Funds.

13.

On Count VI, Baker Enterprises is additionally liable for $61,541.10 in interest plus
$102.74 per diem.

14.

On Counts X, XI, XIV, XV, and XVI, Baker Enterprises, Baker Group, New Life
Church, King, and Four Kings are jointly and severally liable for $250,000 in
damages, representing the lost Sugar Deposit.

15.

On Count XIV, Baker Enterprises is additionally liable for $43,150.68 in interest
plus $82.19 per diem.

16.

On Counts VI and XIV, Baker Enterprises is further liable for $11,515 in attorneys’
fees and $92.70 in litigation costs.

BY THE COURT:

Berle M. Schiller, J.

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