Cvar Von Habsburg Group v. Decurion Corporation

Background

Cvar Von Habsburg Group, LLC sued Decurion Corporation and Elk Mountain Resort, LLC under New York law for three claims involving accounts stated—claims that invoices were presented, accepted without timely objection, and left unpaid. The invoices sought payment for consulting services allegedly provided in 2012, 2013, and 2015.

In an earlier order dated December 11, 2019, the court granted Cvar Von Habsburg Group’s motion for summary judgment. The Clerk then entered a judgment totaling $278,723.31, plus costs, against Decurion and Elk Mountain. The defendants appealed to the United States Court of Appeals for the Second Circuit and filed a $309,633 supersedeas bond issued by SureTec Insurance Company.

Settlement and Remand

The Second Circuit directed the parties to mediation. The opinion states that, as a result of the January 30, 2020 mediation, the parties agreed to settle the action and would submit a proposed order to the district court. The Second Circuit later remanded the case to the district court.

The opinion does not describe the settlement’s terms. It states only that the parties agreed to settle and requested the relief contained in the proposed order.

Ruling

The court ordered that the action be dismissed with prejudice. It also vacated the December 11 summary-judgment order and the judgment entered against Decurion and Elk Mountain, directing the Clerk to strike that judgment from the court’s judgment records.

The court further ordered that the supersedeas bond filed by Decurion and Elk Mountain be canceled and that SureTec Insurance Company be discharged from all duties and obligations under the bond. Judge Alvin K. Hellerstein signed the order.