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SERVICEMASTER RES./COMM. SERV. v. WESTCHESTER CLEANING

United States District Court, Southern District of New York


January 29, 2003

SERVICEMASTER RESIDENTIAL/COMMERCIAL SERVICES, L.P. AND SASSNE ENTERPRISES, INC. D/B/A SERVICEMASTER ASSOCIATED SERVICES, PLAINTIFFS,
v.
WESTCHESTER CLEANING SERVICES, INC. D/B/A SERVICEMASTER OF WESTCHESTER; MICHAEL A. CEGLIO; AND ROBERT P. RITUCCI, DEFENDANTS.

The opinion of the court was delivered by: John S. Martin, Jr., United States District Judge

OPINION

Plaintiffs seek a further order holding Defendants in contempt and fixing damages and attorneys' fees awarded by the Court as a sanction for Defendants' violation of a Contempt Order dated January 31, 2002. Defendants object to the amount of damages sought, stating that they have not been provided with all of the details of Plaintiffs' damage calculation. Defendants also argue that the amount sought for attorneys' fees is unreasonable.

Plaintiffs have produced the affidavit of Kevin Green, Assistant Vice-President — Finance, who visited Defendants' office in an attempt to review the documents Defendants were required to produce by the Court's prior order and to calculate the amount of Defendants' profits that the Court had awarded as a sanction for the prior contempt. Because Defendants did not produce all of the required records, Mr. Green was only able to calculate the profits for part of the period for which Plaintiffs were awarded damages. He calculated those damages to be $112,245.32.

Although Defendants object to Mr. Green's calculation of their profits for the period in question, they do not put forth any other amount. Since what was being calculated was the Defendants' profits, their failure to proffer any other figure is persuasive evidence that Plaintiffs' calculation is correct. Therefore, the Court will enter judgment for Plaintiffs in the amount of $112,245.32.

Defendants' objections to the attorneys' fees requested is similarly without merit. The Court has reviewed the affidavits and supporting documentation and finds that the amounts requested for attorneys' fees and expenses is reasonable and awards the full amount requested — $30,894.20.

Plaintiffs have also demonstrated that Defendants have failed to produce all the records they were obligated to produce under the prior Court order and have continued to use the ServiceMaster name. Thus, a further injunction will issue, extending the noncompete period for a year from the last documented use of the ServiceMaster name by Defendants.

SO ORDERED.

20030129

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