Cardell Financial Corp. et al v. Suchodolski Associates, Inc. et al, No. 1:2009cv06148 - Document 123 (S.D.N.Y. 2012)

Court Description: DECISION AND ORDER for 67 Motion to Compel Arbitration filed by Consultora Worldstar S.A., 102 Report and Recommendations, 42 Motion for Miscellaneous Relief filed by Deltec Holdings, Inc., Cardell Financial Corp. Accordingly, for the reasons discussed above, it is hereby ORDERED that the Order and Report and Recommendation ("Report") of United States Magistrate Judge Michael H. Dolinger, dated July 17, 2012 (Docket No. 102), is hereby adopted in its entirety, and the objections of respondent Beno Suchodolski (Docket No. 106), respondents Consultora Worldstar S.A. ("Worldstar") and the Estate of Nelson Baeta Neves (Docket No. 116), and movants Cardell Financial Corp. and Deltec Holdings, Inc. (Docket No. 113), are DENIED; and it is further ORDERED that substantially for the reasons stated in the Report the Court finds that Worldstar's proceeding with the Worldstar Action constituted contempt of court and the Court now adjudicates Worldstar liable for suc h contempt and directs the Clerk of Court to enter judgment accordingly; and it is further ORDERED that Worldstar is ordered to withdraw the Worldstar Action, defined in the Report, and that Worldstar shall pay a daily fine of $1,000 to the Cler k of the Court should it fail to comply within thirty days of the entry of the contempt judgment adjudged by this Order, which fine shall continue until Worldstar submits official documentation establishing that it has withdrawn the Worldstar Action; and it is further ORDERED that Worldstar is ordered to pay to the petitioners herein, compensatory damages in the amount of reasonable attorneys' fees and costs incurred by petitioners in defending the Worldstar Action, as well as reasonable attorneys' fees and costs for bringing the motion for contempt, the amount of such fees to be determined in further proceedings before Magistrate Judge Dolinger. (Signed by Judge Victor Marrero on 9/28/2012) (lmb)