Case 1:16-cv-08722-PKC Document 47 Filed 11/08/17 Page 1 of 2

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#: _ _
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK DATE FILED:
------------------------------------------------------------)(
THEECHECK.COM, LLC,
Plaintiff, 16 CIVIL 8722 (PKC)

-against- DEFAULT JUDGMENT

NEMC FINANCIAL SERVICES GROUP, INC.,

et al.,
Defendants.
-----------------------------------------------------------)(

In a Memorandum and Order of June 16, 2017, this Court granted Plaintiffs motion for

entry of default judgment solely as to liability against NEMC Financial Services Group, Inc.

("NEMC") on Plaintiffs claims for breach of contract and false advertising under the Lanham

Act. TheECheck.com, LLC v. NEMC Fin. Servs. Grp. Inc., 2017 WL 2627912 (S.D.N.Y. June

16, 2017). It denied Plaintiffs motion for entry of default judgment as to all other claims and

Defendants. On July 17, 2017, the Court presided over an inquest on damages. (See Transcript,

Docket# 43.) Plaintiff TheECheck.com, LLC ("ECheck") sought $60,000 in damages on its

breach of contract claim, as well as injunctive and monetary relief for its Lanham Act claim. At

the hearing, ECheck did not offer into evidence invoices or other documents that reflected

moneys owed by NEMC. (See Tr. 37-38.) Two officers of ECheck testified at the hearing: Jesus

Vega, the company CEO, and Ashley Nguyen, the company's Vice President of Operations. The

Court finds that the testimony of Vega and Nguyen was vague, contradictory and is afforded

little weight, and the matter having come before the Honorable P. Kevin Castel, United States

District Judge, and the Court, on November 1, 2017, having rendered its Order directing the

Clerk to enter Judgment in favor of ECheck in the amount of $6,504 on its breach of contract

claim against NEMC, plus pre-judgment interest at 9 percent per annum pursuant to CPLR 5004,
 Case 1:16-cv-08722-PKC Document 47 Filed 11/08/17 Page 2 of 2

calculated from July 30, 2012, which is the date that NEMC allegedly breached its contract with

ECheck, through the date that judgment is entered, and ECheck is also entitled to post-judgment

interest in accordance with the law; and granting ECheck's application for injunctive relief under

the Lanham Act; and ordering NEMC Financial Services Group, Inc. to immediately take all

practical measures to facilitate the removal of its posts to the Ripoff Report dated May 20, 2013

and May 21, 2013; and directing the Clerk to enter Judgment in favor of Defendants Cyberbox

Technology, Inc., Ellington Pichardo, Presley Martinez and Ojay Martinez-Gil and to close the

case, it is,

ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the

Court's Order dated November 1, 2017, judgment is entered in favor of EC heck in the amount of

$6,504 on its breach of contract claim against NEMC, plus pre-judgment interest in the amount

of $3,090.38, for a total judgment of $9,594.38; plus post judgment interest in accordance with

law. ECheck's application for injunctive relief under the Lanham Act is granted. NEMC

Financial Services Group, Inc. is hereby ordered to immediately take all practical measures to

facilitate the removal of its posts to the Ripoff Report dated May 20, 2013 and May 21, 2013;

and judgment is entered in favor of defendants Cyberbox Technology, Inc., Ellington Pichardo,

Presley Martinez and Ojay Martinez-Gil; accordingly, the case is closed.

Dated: New York, New York

November 8, 2017

RUBY J. KRAJICK

Clerk of Court
BY: