Opinion
21 Civ. 2552 (JPC)
06-14-2021
SILICON VALLEY BANK, Plaintiff, v. JES GLOBAL CAPITAL GP III. LLC; and ELLIOT S. SMERL1NG, Defendants.
Lorin L Reisner Allan J. Arffa Susanna M. Buergel Christopher L. Filburn Kristina Bunting PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Attorneys for Silicon Valley Bank Philip L. Reizenstein Bhakti Kadiwar Alex Sola REIZENSTEIN & ASSOCIATES P.A. Attorneys for Elliot S. Smerling
Lorin L Reisner Allan J. Arffa Susanna M. Buergel Christopher L. Filburn Kristina Bunting PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Attorneys for Silicon Valley Bank
Philip L. Reizenstein Bhakti Kadiwar Alex Sola REIZENSTEIN & ASSOCIATES P.A. Attorneys for Elliot S. Smerling
[PROPOSED] FINAL JUDGMENT ON CONSENT AS TO DEFENDANT ELLIOT S. SMERLING
HONORABLE JOHN P. CRONAN, UNITED STATES DISTRICT JUDGE
WHEREAS, plaintiff Silicon Valley Bank ("SVB") filed the Complaint in this action on March 24, 2021 alleging, among other things, claims against defendant Elliot S. Smerling for fraudulent inducement (Count II), conversion (Count III), and unjust enrichment (Count IV); and
WHEREAS, the Complaint was duly served on Mr. Smerling by, among other methods, acceptance of service of the Complaint by Mr. Smerling's counsel; and
WHEREAS, this Court has jurisdiction over the subject matter of mis action and personal jurisdiction over SVB and Mr. Smerling in connection with the claims asserted in this action; and
WHEREAS, the parties consent to entry of a final judgment on the terms set forth below; it is hereby
ORDERED, DECREED, and ADJUDGED as follows:
1. This Court has jurisdiction over the subject matter of this action and personal jurisdiction over SVB and Mr. Smerling in connection with the claims asserted in this action.
2. Judgment is entered in favor of SVB and against Mr. Smerling on Counts II, III, and IV of the Complaint.
3. Judgment is entered in favor of SVB and against Mr. Smerling on Counts II, HI and IV in the amount of $79, 957, 322.65 plus interest.
4. The parties shall bear their own costs, fees and expenses.
5. The parties waive any and all rights to appeal this Final Judgment on Consent.
IT IS SO ORDERED.