Opinion
No. 04 Civ. 2666 (GBD) (AJP).
June 28, 2005
ORDER
Based on the parties' agreement at the June 27, 2005 conference, and based on Judge Daniels' June 27, 2005 Opinion and Order denying defendants' objections, affirming my Report and Recommendation and granting summary judgment for the plaintiff PACA claimants for $1,299,018.71 plus interest and attorneys' fees, the Court expressly determines that there is no just reason for delay and that, pursuant to Federal Rule of Civil Procedure 54(b), judgment should be entered on plaintiffs' claims against defendants Dom's and Gargiulo while the remaining claims involving Platinum continue. Accordingly, the parties are to submit a proposed judgment under Rule 54(b), including appropriate charts showing the amount of principal, interest and attorneys' fees due each PACA claimant, as follows:
For attorneys' fees, it might be easier to have that go to each plaintiff law firm, as opposed to dividing the attorneys' fees amounts among the plaintiff PACA claimants, but the Court leaves that decision to the parties.
1. The Court prefers a joint, agreed Proposed Judgment, to be submitted by July 11, 2005.
Any judgment submitted by defendants will reflect agreement as to form and calculation only, without prejudice to and fully preserving defendants' appellate rights as to the issues of individual liability, interest and attorneys' fees.
2. If the parties are unable to agree on a joint Proposed Judgment, plaintiffs shall submit their proposal by July 11, 2005 and defendants shall submit their counter-proposal by July 18, 2005.
3. Mr. Kreinces shall serve this Order on all counsel not listed below.
SO ORDERED.