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Leer v. Invictus Asset Management LLC

United States District Court, D. New Jersey

October 1, 2018

VAN LEER, ET AL., Plaintiffs,
v.
INVICTUS ASSET MANAGEMENT LLC, ET AL., Defendants.

          REPORT AND RECOMMENDATION

          MICHAEL A. HAMMER, UNITED STATES MAGISTRATE JUDGE

         This matter comes before the Court by way of Plaintiffs' motion to reopen the case and to enter all appropriate relief [D.E. 48];[1] and United States District Judge Madeline Cox Arleo having referred this motion to the Undersigned for a Report and Recommendation; and no Defendant having filed opposition to this motion;[2] and the Court having reviewed Plaintiffs' moving papers and exhibits;[3] and for the reasons set forth herein; and for good cause shown;

         IT IS THEREFORE ON THIS 28th day of September 2018, RESPECFULLY RECOMMENDED AS FOLLOWS:

         1. The District Court reopen the case;

         2. The District Court enter Judgment in favor of Plaintiffs, Theodore Van Leer, an individual; Caroline Van Leer, an individual; Anne M. Blanken, an individual; and Anne M. Blanken, as Trustee of the Credit Shelter Share Trust; and against Defendant David W. Schamens, an individual; upon the Complaint herein.

         3. The District Court deem Defendant David W. Schamens liable to Plaintiffs in the principal sum of $424, 000.00, consisting of:

a. $110, 000.00 due and payable to Theodore Van Leer,
b. $110, 000.00 due and payable to Caroline Van Leer,
c. $110, 000.00 due and payable to Anne M. Blanken,
d. $94, 000.00 due and payable to Anne M. Blanken, as Trustee of the Credit Shelter Share Trust.[4]

         4. The District Court award prejudgment interest pursuant to N.J. Ct. R. 4:42-11, beginning for each Plaintiff on the following dates:

Theodore Van Leer

March 4, 2003

Caroline Van Leer

March 4, 2003

Anne M. Blanken

June 30, 2004

Anne M. Blanken, as Trustee of the Credit Shelter Share Trust

June 30, 2004

         5. The District Court award post judgment interest at the rate prescribed by 28 U.S.C. § 1961 and deem that it shall be enforceable as prescribed by, inter alia, Rule 69(a) of the Federal Rules of Civil Procedure and shall accrue at the applicable rate from the date of entry of this judgment in final form until such judgment is satisfied.

         6. The District Court reserve jurisdiction to execute the judgment and to jointly and severally enter against the judgment defendants an award of all attorneys' fees reasonably incurred by Plaintiffs ...


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