Opinion
No. 02 Civ. 3231(DFE).
August 3, 2006
OPINION AND ORDER
On April 26, 2005, I granted summary judgment dismissing Plaintiff's remaining claims. RBFC One, LLC v. Zeeks, Inc., 367 F.Supp.2d 604 (S.D.N.Y. 2005). In an opinion signed August 31, 2005 and filed the next day, I enforced the contract's provision that "the prevailing party shall be entitled to receive its costs and reasonable attorneys' fees"; I ordered Plaintiff to pay the corporate defendant Zeeks, Inc. $476,393.00 in attorneys' fees and $103,367.88 in costs. 2005 WL 2105541. Zeeks, Inc. submitted a proposed supplemental judgment, and I signed it on September 27, 2005.
Plaintiff posted a $5,000 bond and appealed to the Second Circuit, which affirmed the judgment in a summary order, 2006 WL 759807 (2d Cir. Mar. 23, 2006.) On June 9, 2006, the Second Circuit granted Zeeks, Inc.'s motion for "judgment in the amount of $51,882.30 for fees, costs and expenses on appeal."
On July 7, 2006, Zeeks, Inc. served and filed a notice of motion, a declaration with exhibits, and a memorandum of law. (Docket Items #97, #98, #99.) As of the August 2 return date, Plaintiff has filed no opposing papers. I hereby grant the motion.
I direct the Clerk to pay over to Zeeks, Inc. the security deposited by Plaintiff for the payment of costs on appeal. I expect this security to be in the amount of $5,000.00, which shall be credited against the appeal costs of $51,882.30.