THE FISHMAN ORGANIZATION, INC. v. FRICK TRANSFER, INC.

Filing 51

ORDER THAT JUDGMENT BE ENTERED IN FAVOR OF THE FISHMAN ORGANIZATION AND AGAINST THE FRICK TRANSFER, INC. IN THE AMOUNT OF $161,994.24 PLUS PRE-JUDGMENT INTEREST. COUNSEL FOR PARTIES ARE ORDERED TO MEET AND CONFER WITHIN 30 DAYS OF THIS ORDER TO ATTEMPT TO RESOLVE THE ISSUE OF CALCULATION OF PREJUDGMENT INTEREST. THE PARTIES ARE TO REPORT TO THE COURT ON OR BEFORE 5/17/2013. COUNTS II AND III OF PLAINTIFF'S COMPLAINT ARE HEREBY DISMISSED. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 4/17/2013. 4/17/2013 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THE FISHMAN ORGANIZATION, INC. :
:
Plaintiff
:
:
v.
:
:
FRICK TRANSFER, INC.
:
:
Defendants
:

CIVIL ACTION

NO. 11-cv-04598

JUDGMENT ORDER
AND NOW, this 17th day of April, 2013, following upon a nonjury damages trial that
occurred on December 6, 2012 and in accordance with the Court’s Findings of Facts and
Conclusions of Law Memorandum Opinion entered in the above captioned matter on this day, it
is hereby ORDERED that JUDGMENT be entered in favor of The Fishman Organization
(“Fishman”) and against Frick Transfer, Inc. (“Frick”) in the amount of $161,994.24 plus prejudgment interest at the rate of 6% per annum, subject to:
1.

A credit to Frick in the amount of $47,374.20 for Fishman’s unpaid rent plus

prejudgment interest at the rate of 6% per annum;1 and
2.

A credit to Frick in the amount of $2,200 for the restitution paid to the Plaintiffs

to date by Daniel Lewandowski and all future restitution payments.
3.

Counsel for the Parties are ORDERED to meet and confer within thirty (30)

days of this Order to attempt to resolve the issue of calculation of prejudgment interest, as
discussed in Section I.D. of our Memorandum Opinion filed on this same date. The parties are to
1

We observe that the parties have agreed that Fishman did not pay rent to Frick due and owing from the months of
October 2010 through December 2012. (AFF ¶19.) Frick is entitled to a credit for those months, which the parties
agree is an amount of $47,374.20. Id. To the extent, however, that Fishman continues to utilize storage space in
Frick’s warehouse without providing proper compensation, Frick is entitled to a further credit in the amount of
$1,734.60 per month.

report to the court on or before Friday, May 17, 2013. If at that time, the parties report that they
have been unable to resolve this issue, further briefing will be ordered.
4.

Counts II and III of Plaintiff’s Complaint are dismissed.
BY THE COURT:
/s/ David R. Strawbridge
David R. Strawbridge
United States Magistrate Judge