Opinion
Civil Action 20-cv-03654-CNS-KLM
08-01-2023
HOOPER CORPORATION, Third-Party Plaintiff v. EDWARD J. CHMIEL, Third-Party Defendant
Thomas Krysa Michael Nolt
Courtroom Deputy: Julie Dynes
Court Reporter: Sarah Mitchell
Thomas Krysa
Michael Nolt
COURTROOM MINUTES
CHARLOTTE N. SWEENEY, JUDGE
ORAL ARGUMENT
Court in Session: 10:00 a.m.
Appearance of counsel.
ORDERED: [148] Third-Party Defendant Chmiel's Partial Motion for Summary Judgment is DENIED.
Argument as to [149] Hooper Corporation's Motion for Summary Judgment Against Edward J. Chmiel given by Mr. Krysa with questions from the Court.
ORDERED: The civil conspiracy claim is voluntarily DISMISSED.
Argument as to [149] Hooper Corporation's Motion for Summary Judgment Against Edward J. Chmiel given by Mr. Nolt with questions from the Court.
The Court makes findings of fact, conclusions of law. As outlined on the record it is
ORDERED: [149] Hooper Corporation's Motion for Summary Judgment Against Edward J. Chmiel is GRANTED.
ORDERED: The Court finds liability on the civil theft claim, the fraud claim, the conversion claim, the unjust enrichment claim and the breach of fiduciary duty claim.
Damages are awarded in the amount of $1,635,215.23 as to the claims of civil theft, fraud, conversion and unjust enrichment (overbilling and kickback scheme); $17,887.11 as to the claims of civil theft, fraud, conversion and unjust enrichment (concrete); $300,000 as to the claims of fraud and unjust enrichment (home improvement scheme); and $528,516 as to the claim of breach of fiduciary duty.
Parties are to confer and file a joint status report within a week as to the $90,000 civil theft claim and treble damages.
Judgment to enter.