Office Create Corporation v. Planet Entertainment, LLC
- Edgardo Ramos
- 1:22-cv-08848
- U.S. District Court · Southern District of New York
- 2
In Office Create Corporation v. Planet Entertainment, LLC, Judge Ramos granted Office Create’s request to dissolve the automatic stay on enforcing its arbitration judgment.
Office Create Corporation, which sought to enforce the amended judgment, and respondents Planet Entertainment, LLC and Steve Grossman, whose automatic stay was dissolved.
What happened
Office Create Corporation had obtained a court judgment confirming an arbitration award against Planet Entertainment, LLC and Steve Grossman. The original judgment did not state a specific amount, so the court later entered an amended judgment listing the amount owed under the arbitration award.
Office Create asked the court to end the automatic 30-day pause that generally prevents a winning party from collecting a judgment immediately. The court explained that the amended judgment only supplied the award amount and did not change the parties’ substantive rights.
Judge Edgardo Ramos granted Office Create’s request to dissolve the stay under Federal Rule of Civil Procedure 62(a).
The detailed version
- Office Create Corporation v. Planet Entertainment, LLC · No. 1:22-cv-08848
- Edgardo Ramos
- Feb. 1, 2024
Background
On September 11, 2023, the Court granted Office Create Corporation’s petition to confirm an arbitration award against Planet Entertainment, LLC and Steve Grossman. Judgment was entered that day, but it did not include a specific amount. On January 29, 2024, the Court directed the Clerk of Court to enter an amended judgment stating the amount Office Create was entitled to receive under the arbitration award. The amended judgment was entered on January 30, 2024.
Request to End the Stay
Office Create asked the Court to waive the automatic stay under Federal Rule of Civil Procedure 62(a) so it could enforce the amended judgment. The Court explained that a prevailing party typically must wait 30 days before collecting a judgment. That temporary stay gives the losing party an opportunity to obtain a bond or other security in preparation for an appeal. The Court also explained that when a later judgment does not change the parties’ substantive rights, the appeal period generally runs from the first judgment.
Ruling
The Court determined that the amended judgment was entered only to specify the amount of the arbitration award and did not change the parties’ substantive rights. Accordingly, Judge Edgardo Ramos granted Office Create’s request to dissolve the Rule 62(a) stay.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.