I CUT AND PASTE PART OF THE JUDGES ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT. OVER A MILLION AWARDED AGAINST HIGH PERFORMANCE BEVERAGE (why no PR???? no company statement???? Count #3 is the killer!
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALPHA CAPITAL ANST ALT,
Plaintiff,
-against-
HIGH PERFORMANCE BEVERAGE COMPANY,
Defendant.
15 Civ. 639 (CM)
MEMORANDUM ORDER GRANTING PLAINTIFF'S
UNOPPOSED MOTION FOR SUMMARY JUDGMENT
McMahon, J.:
Before the court is an unopposed motion for summary judgment filed by the plaintiff.
The motion is granted.
There are no genuine issues of material fact and Plaintiff is entitled to judgment as a matter oflaw on all of its claims for relief. Therefore, the motion for summary judgment is
granted as follows:
On Count One, for failure to pay off the 2013 Note, in the amount of $62,234.24, plus accrued interest at the rate stipulated in the Note;
On Count Two, for failure to pay off the 2014 Note, in the amount of $160,000, plus accrued interest at the rate stipulated in the Note.
On Count Three, for failure to issue shares pursuant to a Notice of Conversion dated 11/20/2014, liquidated damages in the amount of $2,000 per day beginning on the fourth business day after November 20, 2014 the Plaintiff did not specify what day that was), but must do so in the form of judgment to be submitted to the court.
The Plaintiff shall forthwith submit a form of judgment, calculating all amounts due, including pre-judgment interest through the date of submission, together with all necessary
formulas for calculating any additional interest on a daily basis through the date the judgment is entered.
Case 1:15-cv-00639-CM Document 18 Filed 03/23/16 Page 3 of 4
Dated: March 23. 2016
U.S.D.J.
BY ECF TO ALL COUNSEL
SO 160,000 PLUS 62,234.24 PLUS $2000 PER DAY SINCE 11/24/14!!!!!
JUDGEMENT FOR WELL OVER A MILLION DOLLARS BEFORE INTEREST!!!!!!