United States District Court, N.D. New York
R.M. Railcars LLC Plaintiff
Marcellus Energy Services, LLC Defendant
DEFAULT JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That Plaintiffs motion for default judgment is GRANTED as to liability on the first cause of action in the Complaint for breach of contract, and DENIED as to liability on the second, third, and fourth causes of action in the Complaint, for account stated, unjust enrichment, and quantum meruit . It is ORDERED that plaintiff is awarded default judgment on the first cause of action for breach of contract against defendant for the sum of $846, 105.05, representing $840, 564.00 in actual damages, plus $5, 541.05 in attorneys’ fees and costs. It is further ORDERED that plaintiffs request for an award of $2, 748, 827.56 in liquidated damages is DENIED without prejudice.
All of the above pursuant to the order of the Honorable Judge Brenda K. Sannes, dated the 24th day of July, 2015.
Federal Rules of Appellate Procedure Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1. (1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.
(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf - including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a ...