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Plainiff -Touristic Kuwait vs Defendant - Roustan United committed fraudulent inducement to the Plaintiff to accept the equipment modification and was awarded judgement of $482,419.14.

Plainiff -Touristic Kuwait vs Defendant - Roustan United committed fraudulent inducement to the Plaintiff to accept the equipment modification and was awarded judgement of $482,419.14.

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Published by Jim Jones
CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TOURISTIC ENTERPRISES CO - Plaintiff, Defendant :::: Civil Action No. 09-2732 (SRC) OPINION v. ROUSTAN UNITED, LLC, CHESLER, District Judge. This matter comes before the Court upon the motion by Touristic Enterprises Co. (“Plaintiff”) for default judgment as to Defendant Roustan United, LLC (“Defendant”),1 which the Court granted [docket entry 35], and declined to vacate [docket entry 48]. In the Court’s Order of August 11, 2010, granting default judgment against Defendant. Magistrate Judge Shipp issued a Report and Recommendation (“R&R”).. The R&R recommends that the Court award Plaintiff a judgment in the amount of 482,419.14.


- FRAUDULENT INDUCEMENT -
11-7-5896 Touristic Enterprises Company v. Trane, Inc., Dist. Ct. (Chesler, U.S.D.J.) (7 pp.) Plaintiff Touristic Enterprises Company owns an ice skating rink in Kuwait. Plaintiff contracted with Defendant Roustan United, LLC for the supply of certain chilling equipment, which was manufactured by Defendant Trane, Inc. Subsequently, the equipment failed to perform. Plaintiff alleges that Trane breached various express and implied warranties, committed fraud and fraudulent inducement, and violated the Consumer Fraud Act. The Court denies Trane's motion to dismiss the fraud based claims based on the economic loss doctrine. Plaintiff has adequately alleged the elements of common law fraud and fraudulent inducement where Plaintiff justifiably relied upon false representations made by Trane and such representations induced Plaintiff to permit an equipment modification. Fraud claims based on fraudulent inducement are not barred by the economic loss doctrine. Further, the economic loss rule does not bar CFA claims based on fraudulent inducement. [Filed November 13, 2009]

- DAMAGES AND REMEDIES -
60-7-5283 Touristic Enterprises Co. v. Roustan United LLC, Dist. Ct. (Chesler, U.S.D.J.) (2 pp.) The court, having granted default judgment in favor of plaintiff, reviews the report and recommendation of the magistrate judge as to damages, and, where no objections have been filed, accepts the recommendations of an award of $482,419.14, the denial of prejudgment interest, and the grant of post-judgment interest. It therefore enters judgment in the amount recommended. [Filed February 15, 2012]
CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TOURISTIC ENTERPRISES CO - Plaintiff, Defendant :::: Civil Action No. 09-2732 (SRC) OPINION v. ROUSTAN UNITED, LLC, CHESLER, District Judge. This matter comes before the Court upon the motion by Touristic Enterprises Co. (“Plaintiff”) for default judgment as to Defendant Roustan United, LLC (“Defendant”),1 which the Court granted [docket entry 35], and declined to vacate [docket entry 48]. In the Court’s Order of August 11, 2010, granting default judgment against Defendant. Magistrate Judge Shipp issued a Report and Recommendation (“R&R”).. The R&R recommends that the Court award Plaintiff a judgment in the amount of 482,419.14.


- FRAUDULENT INDUCEMENT -
11-7-5896 Touristic Enterprises Company v. Trane, Inc., Dist. Ct. (Chesler, U.S.D.J.) (7 pp.) Plaintiff Touristic Enterprises Company owns an ice skating rink in Kuwait. Plaintiff contracted with Defendant Roustan United, LLC for the supply of certain chilling equipment, which was manufactured by Defendant Trane, Inc. Subsequently, the equipment failed to perform. Plaintiff alleges that Trane breached various express and implied warranties, committed fraud and fraudulent inducement, and violated the Consumer Fraud Act. The Court denies Trane's motion to dismiss the fraud based claims based on the economic loss doctrine. Plaintiff has adequately alleged the elements of common law fraud and fraudulent inducement where Plaintiff justifiably relied upon false representations made by Trane and such representations induced Plaintiff to permit an equipment modification. Fraud claims based on fraudulent inducement are not barred by the economic loss doctrine. Further, the economic loss rule does not bar CFA claims based on fraudulent inducement. [Filed November 13, 2009]

- DAMAGES AND REMEDIES -
60-7-5283 Touristic Enterprises Co. v. Roustan United LLC, Dist. Ct. (Chesler, U.S.D.J.) (2 pp.) The court, having granted default judgment in favor of plaintiff, reviews the report and recommendation of the magistrate judge as to damages, and, where no objections have been filed, accepts the recommendations of an award of $482,419.14, the denial of prejudgment interest, and the grant of post-judgment interest. It therefore enters judgment in the amount recommended. [Filed February 15, 2012]

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Published by: Jim Jones on Nov 15, 2012
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03/13/2013

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CLOSEDUNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
TOURISTIC ENTERPRISES CO.,Plaintiff,v.ROUSTAN UNITED, LLC,Defendant.:::::::::::Civil Action No. 09-2732 (SRC)
OPINIONCHESLER 
, District JudgeThis matter comes before the Court upon the motion by Touristic Enterprises Co.(“Plaintiff”) for default judgment as to Defendant Roustan United, LLC (“Defendant”), which
1
the Court granted [docket entry 35], and declined to vacate [docket entry 48]. In the Court’sOrder of August 11, 2010, granting default judgment against Defendant, the Court directed thatthe amount of damages would be determined at a proof hearing before Magistrate Judge Shipp, pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Shipp held a proof hearing on May 11,2011, and requested submissions from the parties. On January 27, 2012, Magistrate Judge Shippissued a Report and Recommendation (“R&R”), pursuant to F
ED
.
 
R.
 
C
IV
.
 
P. 72(b), L.
 
C
IV
.
 
R.72.1(a)(2), and 28 U.S.C. § 636(b)(1)(B) [docket entry 53]. The R&R recommends that theCourt award Plaintiff a judgment in the amount of $482,419.14. This judgment encompassesMagistrate Judge Shipp’s recommendation that the Court deny the request for prejudgmentinterest and grant the request for post-judgment interest.Originally, Trane Inc. (“Trane”) was also a Defendant in this action, however, Plaintiff 
1
settled with Trane and the Court entered a Stipulation of Dismissal on June 28, 2010.
 
Title 28 U.S.C. § 636(b)(1)(C) provides that within ten days of service of the magistrate judge’s recommended disposition, any party to the action may file specific written objectionsto the magistrate judge’s proposed findings and recommendations. The statute also providesthat a district judge must conduct a de novo review of those portions of the magistrate judge’sR&R to which objection is made. The time for filing objections to Magistrate Judge Shipp’sR&R expired on February 10, 2012. To date, no objections have been filed.This Court has reviewed the January 27, 2012 R&R under the appropriate standards,and it agrees with Magistrate Judge Shipp’s analysis and conclusion. Therefore, the January27, 2012 R&R is hereby adopted as the Opinion of the Court. The Court will enter default judgment in favor of Plaintiff in the amount of $482,419.14, plus post-judgment interest. Anappropriate Judgment shall be entered.s/ Stanley R. Chesler STANLEY R. CHESLER United States District JudgeDated: February 15, 2012
 
NOT FOR PUBLICATIONUNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
TOURISTIC ENTERPRISES COMPANY,Plaintiff,v.TRANE INC., ROUSTAN UNITED LLC,BURLEYS ARENA ICE SYSTEMS,BURLEYS RINK SUPPLY, INC.,ROUSTAN BURLEYS, LLC, ANDROUSTAN UNITED ARENASOLUTIONS,Defendants.:::::::::::::::
Civil Action No. 09-02732 (SRC)OPINIONCHESLER 
, District JudgeThis matter comes before the Court on the motion to dismiss count III and count V of Plaintiff’s Complaint filed by Defendant Trane, Inc. (docket entry 7). Plaintiff TouristicEnterprises Company (“Plaintiff”) has opposed the motion to dismiss (docket entry 12). TheCourt has opted to rule on the motion without oral argument, pursuant to Federal Rule of CivilProcedure 78. After consideration of the parties’ briefing, the Court has determined that it willdeny Defendant’s motion to dismiss. In the following discussion, the Court gives its reasons for the decision.

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