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FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
_____________________________________________________________________Ç
HOWARD FOX Index No: 034337/2021
Plaintiff,
- against - NOTICE OF ENTRY
EVOMED IMAGING LLC d/b/a EVOI PRODUCTIONS,
EVO MED IMAGING PRODUCTIONS LLC a/k/a
EVOI PRODUCTIONS, MICHELLE WONG,
INDIVIDUALLY, NUNNA SRINIVAS, INDIVIDUALLY,
JASON RODRIGUEZ, INDIVIDUALLY, and
JOHN DOE AND JANE DOE #1 through #10,
INDIVIDUALLY, REPRESENTING THE TOP 10 MEMBERS
OF EVOMED IMAGING LLC and/or EVO MED IMAGING
PRODUCTIONS LLC,
Defendants.
_____________________________________________________________________Ç
PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order dated
March 24, 2022 and entered in the office of the Clerk of the within named Court on March 25,
2022.
Date: Tarrytown, New York
March 25, 2022
Eileen M. Burger, Esq.
Mitchell Pollack & Associates PLLC
Attorneys for Plaintiff, Howard Fox
150 White Plains Road, Suite 310
Tarrytown, New York 10591
(914) 332-0700
eburgerfahnpollack.corn
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF:
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To commence the statutory
time period for appeals as of
right (CPLR 5513 [a]), you
SUPREME COURT : STATE OF NEW YORK are advised to serve a copy
COUNTY OF ROCKLAND of this order, with notice of
HON. RO.BERT M. BERLINER, J.S.C. entry, upon all parties.
_________--------------_____________________________________Ç
HOWARD FOX,
Plaintiff,
DECISION AND ORDER
-against-
Index No.: 034337/2021
EVOMED IMAGING LLC d/b/a EVOI
PRODUCTIONS, EVO MED IMAGING
PRODUCTIONS LLC a/k/a EVOI Motion Sequence # 1
PRODUCTIONS, MICHELLE WONG,
INDIVIDUALLY, NUNNA SRINIVAS,
INDIVIDUALLY, JASON RODRIGUEZ,
INDIVIDUALLY, and JOHN DOE AND JANE
DOE #1 THROUGH #10, INDIVIDUALLY,
REPRESENTING THE '“OP 10.MEMBERS OF
EVOMED IMAGING LLC and/or EVO MED
IMAGING PRODUCTIONS LLC,
Defendants.
-___________________________________________________________Ç
The following papers, filed on NYSCEF, were read on Defendant's motion for default
judgment, pursuant to CPLR § 3215, against Defendants Evomed Imaging LLC, Evo Med Imaging
Productions LLC, Nunna Srinivas, Jason Rodriguez, and John Doe and Jane Doe #1 through #10:
Notice of Motion/Affirmation in Support/Proposed Order/Exhibits(A-L)/Affidavit of
Service.........................................................................................NYSCEF Doc. Nos. 10-25
Answer(Jason Rodriguez)............................................................................................27-29
Answer(Srinivas Naya Chaitanya Nunna)/Affirmation in Opposition(Nunna)...........30, 32
Affirmation in Opposition(Michelle Wong)......................................................................31
Reply Affirmation..............................................................................................................33
Upon the foregoing papers, it is ORDERED that this motion is disposed of as follows:
On July 22, 2021, Plaintiff commenced this action against Defendants primarily for breach
of his employment contract. In his Complaint, Plaintiff alleges the following: Plaintiff and
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Productions LLC a/k/a EVOI Productions entered into an
Defendant Evo Med Imaging
serve as the Director of Film Distributions and Sales for Evo
employment agreement for him to
Productions LLC ("Employment Agreement"). Plaintiff also entered into a Mutual
Med Imaging
Non-Circumvention Agreement with Evomed LLC d/b/a EVOI
Non-Disclosure and Imaging
Productions ("NDA"). Defendant Michelle Wong signed the NDA on behalf of Evomed Imaging
LLC.'
Agreement on behalf of Evo Med Productions The NDA
LLC and the Employment Imaging
the Employment Agreement was effective May 4, 2020.
was effective April 19, 2020. Meanwhile,
Plaintiff was to be compensated $85,000 annually, to
to the Employment Agreement,
According
to August Plaintiff worked
be paid bi-weekly at a rate of $3,269.23. From May 4, 2020 4, 2020,
Defendants received one paycheck for a total of
full-time for the EVOI Productions and, yet, only
made promises and representations that Plaintiff would be
$3,269.23. Defendant Michelle Wong
owed to him. on Defendant Wong's promises for compensation,
paid for the wages Relying
continued to work full-time for the EVOI Productions Defendants. On M.arch 2, 2021,
Plaintiff
placed on furlough for about 8 weeks. After further attempts to
Plaintiff was notified that he was
on June Plaintiff's counsel sent a letter
receive payment and Defendant Wong's excuses, 17, 2021,
EVOI Productions it that it was in
to the Evo Med Imaging Productions LLC d/b/a informing
and that he be paid the wages due and owing.
breach of the Employment Agreement demanding
wages are still due and owing. As a result, this action ensued.
His
causes of actions: breach of contract against the
The Complaint alleges the following (1)
violations of the Limited Company Law § 609(c)
EVOI Productions Defendants; (2) Liability
Jason Rodriguez, and the John Doe and Jane
against Defendants Michelle Wong, Nunna Srinivas,
I Agreement has a typographical error, stating "Evo
Plaintiff alleges that the Employment
Productions" to Plaintiff,
Productions LLC a/k/a EVOI as the employer. According
Med Imaging
"EvoMed LLC d/b/a EVOI Productions".
the Employment Agreement meant to state Imaging
employer under the NDA. Furthermore, Evo Med
This would be consistent with the name of the
LLC is not registered as a New York limited liability company, rather,
Imaging Productions
with its principal place of
Evomed LLC is indeed a domestic limited liability company,
Imaging
New York 11201. this is consistent with the
business at 68 Jay Street, Suite 201, Brooklyn,
Agreement and NDA. As it appears that Michelle Wong
address listed on both the Employment
as CEO, which was a/k/a Evomed
was the agreement on behalf of EVOI Productions
signing
the Court will refer to both companies as
LLC and Evo Med Imaging Productions LLC,
Imaging
"EVOI Productions Defendants".
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Doe Investors; (3) conversion against all Defendants, (4) violations of Article 6 of the New York
Labor Law against the EVOI Productions Defendants.
On August 5, 2021, Plaintiff filed affidavits of service of the summons and complaint
attesting to service upon Evo Med Imaging Productions LLC a/k/a EVOI Productions, Evomed
Imaging LLC d/b/a EVOI Productions, and Michelle Wong. According to the affidavits, the LLC
Defendants were served via Michelle Wong, as CEO of both companies. On August 17. 2021,
Defendant Michelle Wong appeared pro se, representing herself individually, submitting an
Answer with general denials and various affirmative defenses. On August 25, 2021 and September
22, 2021, Plaintiff filed affidavits of service attesting to service of the summons and complaint
upon Jason Rodriguez and Nunna Srinivas, respectively.
Now, before the Court is Plaintiff's motion for default judgment against the defaulting
defendants who failed to appear in this action. Specifically, Plaintiff seeks the following: (1)
Defendants'
$253,547.75 in damages as a result of the EVOI Productions breach of the
Employment Agreement; (2) a default judgment against Defendants Nunna Srinivas, Jason
Rodriguez, and the John Doe and Jane Doe Investors under the LLC § 609(c); and (3) $251,265.55
Defendants'
in damages and attorneys fees as a result ofthe EVOI Productions violations of Article
6 of the Labor Law; or, in the alternative, (4) grant Plaintiff a default judgment and schedule this
matter for an inquest to determine damages. First, the Court determines whether Plaintiff has
established whether the allegedly defaulting parties failed to appear in this action.
Parties'
I. Whether Plaintiff Established the Allegedly Defaulting Failure to Appear
Pursuant to CPER § 3215(f), on an application for a default judgment, the applicant must
file proof of service of the summons and complaint as well as proof of the facts constituting the
claim, the default, and the amount due by a party's affidavit. If a verified complaint is served, then
it may be used as such an affidavit ofthe facts constituting the claim and amount due. Id. However,
"where the allegations of a complaint or affidavit of facts fail to establish a prima facie case, 'the
default'[.]"
applicant is not entitled to the requested relief, even on Wynkoop v 622A President St.
Owners Corp., 169 A.D.3d 1100, 1103 [2d Dept 2019][citing to Matter ofFyno v Rose, 260 AD2d
694 (1999)].
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Plaintiff filed affidavits of service to service of the summons and complaint
Here, attesting
of all the Defendants. Defendant was the to file an answer to the Complaint.
Wong only party
Although Defendant filed an affidavit in opposition to this motion, she and any of the other
Wong
individual defendants cannot make arguments or otherwise appear on behalf of the EVOI
any
as CPLR mandates "that a corporation or voluntary association shall
Productions Defendants § 321
attorney[.]" Rodriguez filed
appear Additionally, although Defendant Nunna Srinivas and Jason
by
answers/affidavits in opposition to this fail to articulate reason for their failure to
motion, they any
answer or oppose the summons and complaint. Therefore, the Court finds that the EVOI
timely
Productions Defendant Nunna and Defendant Jason Rodriguez indeed failed
Defendants, Srinivas,
are in default. the Court determines whether Plaintiff's submissions
to appear here and, thus, Next,
establish a prima facie case against the parties for its causes of action sounding in breach
defaulting
of violations under Article 6 of the Labor Law, and violations of LLC Law § 609(c).
contract,
II. Plaintiff's Cause of Action Sounding in Breach of the Employment Agreement
essential elements of a breach of contract cause of action are "the existence of a
The
plaintiff s performance under the the defendant's breach of that contract, and
contract, the contract,
damages." 69 AD3d 803 [2d Dept
JP Morgan Chase v J.H Elec. ofNew York, Inc., 802,
resulting
2010].
Defendants'
Plaintiff established the EVOI Productions liability for their breach in
Here,
Agreement. Plaintiff established the existence of the Employment
the Employment Specifically,
Defendants'
performance and the EV01 Productions breach for failure
Agreement, his thereunder,
Plaintiff has not established his exact amount of damages. Although
to compensate him. However,
what his counsel alleges is a conservative amount, $253,547.75 which allegedly
his motion seeks,
unused paid time and a severance payment, his
includes unpaid wages, commission, raises, off,
that he is entitled to the same. He fails to submit proof of that he
submissions fail to establish
for the total time in which he seeks compensation for. Specifically, he seeks
performed his duties
unused paid time off, and severance.
approximately 79 weeks-worth of pay, including commission,
states that he worked from 4, 2020 to August 4, 2020, while receiving
His verified complaint May
also states that Plaintiff continued to work full-tirne.
one paycheck. The complaint vaguely
only
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pre-litigation letter dated June 2021 sent from Plaintiff s counsel to the
Meanwhile, the 17,
Michelle states that "Mr. Fox was hired the EVOI Productions Defendants
attention of Wong by
for the position of Director of Film Distribution and Sales, and despite
on or about May 4, 2020,
paycheck."
full-time until furloughed on March to date, he has only received one
working 2, 2021,
to the EVOI Productions Defedants. It further states that,
Affirmation in Support, Exhibit J, Letter
."
he worked at EVOI for at least 44 weeks . . See id 'This letter
"[a]ccording to Mr. Fox, full-time,
contention that he is owed 79 weeks-worth of pay for his services
seems to contradict the nearly
Plaintiff and his own counsel contradict themselves stating that he is
rendered. Additionally, by
separation from the EVOI Productions Defendants, though they also state
entitled to $95,000 upon
neither resigned from his position nor has his employment been terminated. Also,
that he has
that Plaintiff is entitled to a cash payment of unused paid time off at
Plaintiff s counsel contends
the Employment Agreement states that such unused vacation
the value of $110/day. However,
Preview
FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND _____________________________________________________________________Ç HOWARD FOX Index No: 034337/2021 Plaintiff, - against - NOTICE OF ENTRY EVOMED IMAGING LLC d/b/a EVOI PRODUCTIONS, EVO MED IMAGING PRODUCTIONS LLC a/k/a EVOI PRODUCTIONS, MICHELLE WONG, INDIVIDUALLY, NUNNA SRINIVAS, INDIVIDUALLY, JASON RODRIGUEZ, INDIVIDUALLY, and JOHN DOE AND JANE DOE #1 through #10, INDIVIDUALLY, REPRESENTING THE TOP 10 MEMBERS OF EVOMED IMAGING LLC and/or EVO MED IMAGING PRODUCTIONS LLC, Defendants. _____________________________________________________________________Ç PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order dated March 24, 2022 and entered in the office of the Clerk of the within named Court on March 25, 2022. Date: Tarrytown, New York March 25, 2022 Eileen M. Burger, Esq. Mitchell Pollack & Associates PLLC Attorneys for Plaintiff, Howard Fox 150 White Plains Road, Suite 310 Tarrytown, New York 10591 (914) 332-0700 eburgerfahnpollack.corn 1 of 11 ...-- . ................., -- -... . ..,-........ ,, - , - ,., , ... ....... INDEX NO. 034337/2021 FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 - -. . .. .., PM .., YSCEF DOC. NO. 34 RECEIVED NYSCEF DOC. NO. 35 RECEIVED NYSCEF: NYSCEF: 03/25/202 03/25/2022 To commence the statutory time period for appeals as of right (CPLR 5513 [a]), you SUPREME COURT : STATE OF NEW YORK are advised to serve a copy COUNTY OF ROCKLAND of this order, with notice of HON. RO.BERT M. BERLINER, J.S.C. entry, upon all parties. _________--------------_____________________________________Ç HOWARD FOX, Plaintiff, DECISION AND ORDER -against- Index No.: 034337/2021 EVOMED IMAGING LLC d/b/a EVOI PRODUCTIONS, EVO MED IMAGING PRODUCTIONS LLC a/k/a EVOI Motion Sequence # 1 PRODUCTIONS, MICHELLE WONG, INDIVIDUALLY, NUNNA SRINIVAS, INDIVIDUALLY, JASON RODRIGUEZ, INDIVIDUALLY, and JOHN DOE AND JANE DOE #1 THROUGH #10, INDIVIDUALLY, REPRESENTING THE '“OP 10.MEMBERS OF EVOMED IMAGING LLC and/or EVO MED IMAGING PRODUCTIONS LLC, Defendants. -___________________________________________________________Ç The following papers, filed on NYSCEF, were read on Defendant's motion for default judgment, pursuant to CPLR § 3215, against Defendants Evomed Imaging LLC, Evo Med Imaging Productions LLC, Nunna Srinivas, Jason Rodriguez, and John Doe and Jane Doe #1 through #10: Notice of Motion/Affirmation in Support/Proposed Order/Exhibits(A-L)/Affidavit of Service.........................................................................................NYSCEF Doc. Nos. 10-25 Answer(Jason Rodriguez)............................................................................................27-29 Answer(Srinivas Naya Chaitanya Nunna)/Affirmation in Opposition(Nunna)...........30, 32 Affirmation in Opposition(Michelle Wong)......................................................................31 Reply Affirmation..............................................................................................................33 Upon the foregoing papers, it is ORDERED that this motion is disposed of as follows: On July 22, 2021, Plaintiff commenced this action against Defendants primarily for breach of his employment contract. In his Complaint, Plaintiff alleges the following: Plaintiff and -1- 1 O 2 of 11 FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021 YSCEF DOC. NO. 34 RECEIVED.NYSCEF: 03/25/202 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/25/2022 Productions LLC a/k/a EVOI Productions entered into an Defendant Evo Med Imaging serve as the Director of Film Distributions and Sales for Evo employment agreement for him to Productions LLC ("Employment Agreement"). Plaintiff also entered into a Mutual Med Imaging Non-Circumvention Agreement with Evomed LLC d/b/a EVOI Non-Disclosure and Imaging Productions ("NDA"). Defendant Michelle Wong signed the NDA on behalf of Evomed Imaging LLC.' Agreement on behalf of Evo Med Productions The NDA LLC and the Employment Imaging the Employment Agreement was effective May 4, 2020. was effective April 19, 2020. Meanwhile, Plaintiff was to be compensated $85,000 annually, to to the Employment Agreement, According to August Plaintiff worked be paid bi-weekly at a rate of $3,269.23. From May 4, 2020 4, 2020, Defendants received one paycheck for a total of full-time for the EVOI Productions and, yet, only made promises and representations that Plaintiff would be $3,269.23. Defendant Michelle Wong owed to him. on Defendant Wong's promises for compensation, paid for the wages Relying continued to work full-time for the EVOI Productions Defendants. On M.arch 2, 2021, Plaintiff placed on furlough for about 8 weeks. After further attempts to Plaintiff was notified that he was on June Plaintiff's counsel sent a letter receive payment and Defendant Wong's excuses, 17, 2021, EVOI Productions it that it was in to the Evo Med Imaging Productions LLC d/b/a informing and that he be paid the wages due and owing. breach of the Employment Agreement demanding wages are still due and owing. As a result, this action ensued. His causes of actions: breach of contract against the The Complaint alleges the following (1) violations of the Limited Company Law § 609(c) EVOI Productions Defendants; (2) Liability Jason Rodriguez, and the John Doe and Jane against Defendants Michelle Wong, Nunna Srinivas, I Agreement has a typographical error, stating "Evo Plaintiff alleges that the Employment Productions" to Plaintiff, Productions LLC a/k/a EVOI as the employer. According Med Imaging "EvoMed LLC d/b/a EVOI Productions". the Employment Agreement meant to state Imaging employer under the NDA. Furthermore, Evo Med This would be consistent with the name of the LLC is not registered as a New York limited liability company, rather, Imaging Productions with its principal place of Evomed LLC is indeed a domestic limited liability company, Imaging New York 11201. this is consistent with the business at 68 Jay Street, Suite 201, Brooklyn, Agreement and NDA. As it appears that Michelle Wong address listed on both the Employment as CEO, which was a/k/a Evomed was the agreement on behalf of EVOI Productions signing the Court will refer to both companies as LLC and Evo Med Imaging Productions LLC, Imaging "EVOI Productions Defendants". -2- 3 of 11 FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021 YSCEF DOC. NO. 34 NYSCEF DOC. NO. 35 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/2022 03/25/202 Doe Investors; (3) conversion against all Defendants, (4) violations of Article 6 of the New York Labor Law against the EVOI Productions Defendants. On August 5, 2021, Plaintiff filed affidavits of service of the summons and complaint attesting to service upon Evo Med Imaging Productions LLC a/k/a EVOI Productions, Evomed Imaging LLC d/b/a EVOI Productions, and Michelle Wong. According to the affidavits, the LLC Defendants were served via Michelle Wong, as CEO of both companies. On August 17. 2021, Defendant Michelle Wong appeared pro se, representing herself individually, submitting an Answer with general denials and various affirmative defenses. On August 25, 2021 and September 22, 2021, Plaintiff filed affidavits of service attesting to service of the summons and complaint upon Jason Rodriguez and Nunna Srinivas, respectively. Now, before the Court is Plaintiff's motion for default judgment against the defaulting defendants who failed to appear in this action. Specifically, Plaintiff seeks the following: (1) Defendants' $253,547.75 in damages as a result of the EVOI Productions breach of the Employment Agreement; (2) a default judgment against Defendants Nunna Srinivas, Jason Rodriguez, and the John Doe and Jane Doe Investors under the LLC § 609(c); and (3) $251,265.55 Defendants' in damages and attorneys fees as a result ofthe EVOI Productions violations of Article 6 of the Labor Law; or, in the alternative, (4) grant Plaintiff a default judgment and schedule this matter for an inquest to determine damages. First, the Court determines whether Plaintiff has established whether the allegedly defaulting parties failed to appear in this action. Parties' I. Whether Plaintiff Established the Allegedly Defaulting Failure to Appear Pursuant to CPER § 3215(f), on an application for a default judgment, the applicant must file proof of service of the summons and complaint as well as proof of the facts constituting the claim, the default, and the amount due by a party's affidavit. If a verified complaint is served, then it may be used as such an affidavit ofthe facts constituting the claim and amount due. Id. However, "where the allegations of a complaint or affidavit of facts fail to establish a prima facie case, 'the default'[.]" applicant is not entitled to the requested relief, even on Wynkoop v 622A President St. Owners Corp., 169 A.D.3d 1100, 1103 [2d Dept 2019][citing to Matter ofFyno v Rose, 260 AD2d 694 (1999)]. -3- 4 of 11 FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021 YSCEF DOC. NYSCEF DOC. NO. NO. 35 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/202 03/25/2022 Plaintiff filed affidavits of service to service of the summons and complaint Here, attesting of all the Defendants. Defendant was the to file an answer to the Complaint. Wong only party Although Defendant filed an affidavit in opposition to this motion, she and any of the other Wong individual defendants cannot make arguments or otherwise appear on behalf of the EVOI any as CPLR mandates "that a corporation or voluntary association shall Productions Defendants § 321 attorney[.]" Rodriguez filed appear Additionally, although Defendant Nunna Srinivas and Jason by answers/affidavits in opposition to this fail to articulate reason for their failure to motion, they any answer or oppose the summons and complaint. Therefore, the Court finds that the EVOI timely Productions Defendant Nunna and Defendant Jason Rodriguez indeed failed Defendants, Srinivas, are in default. the Court determines whether Plaintiff's submissions to appear here and, thus, Next, establish a prima facie case against the parties for its causes of action sounding in breach defaulting of violations under Article 6 of the Labor Law, and violations of LLC Law § 609(c). contract, II. Plaintiff's Cause of Action Sounding in Breach of the Employment Agreement essential elements of a breach of contract cause of action are "the existence of a The plaintiff s performance under the the defendant's breach of that contract, and contract, the contract, damages." 69 AD3d 803 [2d Dept JP Morgan Chase v J.H Elec. ofNew York, Inc., 802, resulting 2010]. Defendants' Plaintiff established the EVOI Productions liability for their breach in Here, Agreement. Plaintiff established the existence of the Employment the Employment Specifically, Defendants' performance and the EV01 Productions breach for failure Agreement, his thereunder, Plaintiff has not established his exact amount of damages. Although to compensate him. However, what his counsel alleges is a conservative amount, $253,547.75 which allegedly his motion seeks, unused paid time and a severance payment, his includes unpaid wages, commission, raises, off, that he is entitled to the same. He fails to submit proof of that he submissions fail to establish for the total time in which he seeks compensation for. Specifically, he seeks performed his duties unused paid time off, and severance. approximately 79 weeks-worth of pay, including commission, states that he worked from 4, 2020 to August 4, 2020, while receiving His verified complaint May also states that Plaintiff continued to work full-tirne. one paycheck. The complaint vaguely only -4- 5 of 11 FILED: ROCKLAND COUNTY CLERK 03/25/2022 07:01 PM INDEX NO. 034337/2021 YSCEF NYSCEF DOC. DOC. NO. NO. 34 35 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/202 03/25/2022 pre-litigation letter dated June 2021 sent from Plaintiff s counsel to the Meanwhile, the 17, Michelle states that "Mr. Fox was hired the EVOI Productions Defendants attention of Wong by for the position of Director of Film Distribution and Sales, and despite on or about May 4, 2020, paycheck." full-time until furloughed on March to date, he has only received one working 2, 2021, to the EVOI Productions Defedants. It further states that, Affirmation in Support, Exhibit J, Letter ." he worked at EVOI for at least 44 weeks . . See id 'This letter "[a]ccording to Mr. Fox, full-time, contention that he is owed 79 weeks-worth of pay for his services seems to contradict the nearly Plaintiff and his own counsel contradict themselves stating that he is rendered. Additionally, by separation from the EVOI Productions Defendants, though they also state entitled to $95,000 upon neither resigned from his position nor has his employment been terminated. Also, that he has that Plaintiff is entitled to a cash payment of unused paid time off at Plaintiff s counsel contends the Employment Agreement states that such unused vacation the value of $110/day. However,