PEREIRA v. COGAN

No. 00 Civ.619 RWS.

275 B.R. 472 (2002)

John S. PEREIRA, as Trustee of Trace International Holdings, Inc. and Trace Foam Sub, Inc., Plaintiff, v. Marshall S. COGAN, Saul S. Sherman, Andrea Farace, Frederick Marcus, Robert H. Nelson, Philip Smith, Karl Winters, Tambra King Defendants.

United States District Court, S.D. New York.

March 21, 2002.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene, & MacRae, L.L.P., New York City, By: John P. Campo, Theodore J. Fischkin, Amy S. Zabetakis, of counsel, for Plaintiff.

Salomon Green & Ostrow, P.C., Attorneys for Defendant Marshall S. Cogan New York City, By: Chester B. Salomon, of counsel, for Defendant Marshall S. Cogan.

Swidler Berlin Shereff Friedman, LLP, Saul S. Sherman, and Frederick Marcus, New York City, By: Shalom Jacob, of counsel, for Defendants Andrea Farace, Saul S. Sherman and Frederick Marcus.

Piper Marbury Rudnick & Wolfe, LLP, New York City, By: Robert A. Meister, of counsel, for Defendants Robert H. Nelson, Philip Smith, Karl Winters and Tambra King.


OPINION

SWEET, District Judge.

Plaintiff, John S. Pereira, as Chapter 7 Trustee (the "Trustee") of Trace International Holdings, Inc. ("Trace"), has moved, pursuant to Fed.R.Civ.P. 54(b), for the entry of a final judgment against defendant Marshall S. Cogan ("Cogan") on Count I of the second amended complaint (the "Complaint"). The Trustee also seeks a stay of the judgment, pursuant to Fed.R.Civ.P. 62(h), on condition that Cogan pay the judgment into...

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