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Silva Run Worldwide Ltd. v. Gaming Lottery Corp.

Court awards law firm damages caused due to defendant's continued contempt of court order.

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Judge Patterson

SILVA RUN WORLDWIDE LIMITED v. GAMING LOTTERY CORP. — On September 13, 2002, Proskauer Rose LLP (“Proskauer”) moved for an order and judgment (1)(a) pursuant to Local Civil Rule 83.9(a) holding Respondent, Jack Banks, in civil contempt for his failure to comply with this Court’s order dated May 8, 2002 requiring Banks to dismiss his Ontario action; (b) requiring Banks to pay weekly fines into Court until he complies with this Court’s order dated May 8, 2002; and (c) awarding damages to Proskauer as compensation for fees and expenses incurred as a result of Banks’ contempt of the order dated May 8, 2002, including the fees and costs incurred in making this motion, and providing for the future 146;s January award of damages for future fees and expenses so incurred; and (2) directing entry of judgment against Respondents Banks and GalaxiWorld.com, Limited (“Galaxi- World”) (collectively, “Respondents”) in the amount of the attorneys’ fees and costs incurred by Proskauer as a result of Banks’ and GalaxiWorld’s noncompliance with this Court&# and March 2000 payment orders as authorized by this Court in its contempt order dated February 8, 2001. In re Gaming Lottery Security Litigation, 2001 U.S. Dist. Lexis 1204, *18 (S.D.N.Y. 2001). The motion was supported by an affirmation of Leon P. Gold dated September 10, 2002 (“Gold Affirmation”), an affidavit of Karen E. Clarke dated April 3, 2002 (“Clarke Affidavit”), and further supported by a reply affirmation of Gold dated October 14, 2002 (“Gold Reply Affirmation”) attaching Proskauer’s bills and expenses.

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