RESER'S FINE FOODS INC. v. VAN BENNETT FOOD CO., INC. et al

Filing 15

OPINION/ORDER THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: JUDGMENT IS ENTERED IN FAVOR OF RESER'S FINE FOOD AND AGAINST VAN BENNETT FOOL CO., INC., JOHN MARCINKO AND JOLINE MARCINKO, JOINT LY AND SEVERALLY, IN THE AMOUNT OF $9,145.00. PLAINTIFF'S MOTION AS TO PLAINTIFF'S CLAIM FOR INTEREST ON THE JUDGMENT IS DENIED. THIS CASE IS CLOSED. PLAINTIFF'S MOTION AS TO PLAINTIFF'S CLAIM FOR ATTORNEY'S FEES IS D ENIED WITHOUT PREJUDICE TO PLAINTIFF FILING THE NECESSARY MATERIALS TO SUPPORT JUDGMENT AS TO THE AMOUNT SOUGHT WITHIN FOURTEEN DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 10/15/15. 10/16/15 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ RESER’S FINE FOODS, INC., Plaintiff, v. : : : : VAN BENNETT FOOD CO., INC., : JOHN MARCINKO, and : JOLINE MARCINKO, : Defendants. : __________________________________________ No. 5:15-cv-0738 ORDER AND NOW, this 15th day of October, 2015, upon consideration of Plaintiff’s Motion for Default Judgment, ECF No. 11, and Supplemental Memorandum, ECF No. 13, and in accordance with the Memorandum issued this date, IT IS HEREBY ORDERED that Plaintiff’s Motion is GRANTED IN PART and DENIED IN PART as follows: 1. JUDGMENT IS ENTERED in favor of Reser’s Fine Foods and against Van Bennett Food Co., Inc., John Marcinko, and Joline Marcinko, jointly and severally, in the amount of $9,145.00. 2. Plaintiff’s Motion as to Plaintiff’s claim for interest on the judgment is DENIED. 3. This case is CLOSED. 4. Plaintiff’s Motion as to Plaintiff’s claim for attorney’s fees is DENIED WITHOUT PREJUDICE to Plaintiff filing the necessary materials to support judgment as to the amount sought within fourteen days of the date of this Order. 1 BY THE COURT: /s/ Joseph F. Leeson, Jr._____________ JOSEPH F. LEESON, JR. United States District Judge 2

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