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  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
  • BLACKPINE INNOVATIONS INC, et al  vs.  ALL INFINITE DESIGNS LLC, et alCNTR CNSMR COM DEBT document preview
						
                                

Preview

CAUSE NO. DC-21-07674 BLACKPINE INNOVATIONS, INC. § IN THE DISTRICT COURT D/B/A ALL INFINITE DESIGNS, AND § CONRAD E. HARRIS, § § Plaintiffs, § § vs. § 44th JUDICIAL DISTRICT § ALL INFINITE DESIGNS, LLC AND § MOORTAZA SINGH A/K/A DAVID § SINGH, § § Defendants. § DALLAS COUNTY, TEXAS FINAL DEFAULT JUDGMENT On this day, the Court considered in the above entitled and numbered cause the Motion for Final Default Judgment filed by Plaintiffs Conrad Harris and Blackpine Innovations, Inc. (“Plaintiffs”), who appeared by and through its attorney of record. Previously, on September l3, 2023, the Court granted Plaintiffs’ Motion for Default Judgment on Liability Only (the “Motion”) against All Infinite Designs, LLC (“AID, LLC”) and Moortaza Singh a/k/a David Singh (“Singh”) wherein the court granted a default judgment for liability against Defendants AID, LLC and Singh based on Plaintiffs’ claims of fraud and fraud in the inducement; breach of contract; breach of fiduciary duty; conversion; request for accounting; and unjust enrichment, and filrther ordered that previous awards of sanctions and attorney’s fees against AID, LLC and Singh set forth in prior orders of the Court, as follows: $1,950.00 awarded pursuant to the Order Granting Plaintiffs’ Amended Motion to Compel Responses to Requests for Production entered on January 26, 2022, $650.00 awarded pursuant to the Order Granting Plaintiffs’ Motion to Compel Verification on Answers to Interrogatories entered on March 31, 2022, FINAL DEFAULT JUDGMENT Page 1 of 4 $650.00 awarded pursuant to the Order Granting Plaintiffs’ Second Motion to Compel Responses to Requests for Production, entered on April 12, 2022, and $2,500.00 awarded pursuant to the Order to Strike Defendants’ Pleadings, Exhibits and Witness List, entered on June 2, 2023), for a total of $5,750.00 in pre-judgment sanctions are hereby incorporated into this Final Judgment and awarded to Plaintiffs. The Court further takes notice that Plaintiffs have filed a non-suit of their claims against Element Enterprises prior to this Final Judgment, and after considering the Motion for Final Default Judgment, the pleadings, the papers on file in this case, and the evidence Plaintiff presented on liability, damages, attomey’s fees and exemplary damages, the Court finds that Plaintiff is entitled, under the provisions of Rules 239, 241 , and 243 of the Texas Rules of Civil Procedure to a final default judgment against Defendants Singh and AID, LLC, and therefor GRANTS Plaintiff’s Motion for Default Judgment. It is therefore ORDERED, ADJUDGED, AND DECREED that Plaintiff have and recover judgment from Defendants Moortaza Singh a/k/a David Singh and All Infinite Designs LLC, jointly and severally, the total amount of $1,003,375.87 which is made up of the following amounts: (l) $181,780.00 for breach of asset purchase agreement and rescission; (2) $23,307.68 for pre- judgment interest due at a rate of 6% per annum ($298816 per diem) on the principal amount from August 22, 2021 up to the date ofjudgment (780 days); (3) $26,432.91 for rent payments benefiting Defendants; (4) $159,902.50 for breach of the non-compete agreement); (5) $5,750.00 as sanctions previously awarded; (6) $46,202.78 as attorney’s fees and expenses (made up of $43,523.75 in attorney’s fees (which is $49,273.75 reduced by $5,750.00 as the amount of sanctions) plus $2,679.03 in expenses, inclusive of costs); and (7) $560,000 as exemplary damages. It is further ORDERED, ADJUDGED AND DECREED that the transactions made the subject of this FINAL DEFAULT JUDGMENT Page 2 of 4 action, including the Promissory Note dated February 9, 2021, are hereby RESCINDED and invalid and of no force or effect. It is fiirther ORDERED, ADIUDGED AND DECREED that Plaintiff have and recover of and from Defendants post-judgment interest at the rate of 8.50% per annum on the entire judgment amount, from the date said judgment is signed until such judgment is fiilly and finally paid; and it is fiirther ORDERED, ADJUDGED AND DECREED that if Defendants or either of them (1) files a motion for new trial, motion to vacate, motion to set aside or other post-trial motion in this matter, and if such effort is unsuccessful, then an additional amount of $5,250.00 is awarded to Plaitniffs for reasonable and necessary attomey’s fees; (2) files an appeal to the court of appeals that is unsuccessful then an additional amount of $15,750.00 is awarded to Plaintiffs for reasonable and necessary attorney's fees; (3) files a petition for certiorari with the Supreme Court of Texas that is not denied, then an additional amount of $7,000.00 is awarded to Plaintiffs for reasonable and necessary attomey’s fees, and (4) if the Supreme Court of Texas considers the appeal and it is denied, then an additional $14,000.00 is awarded to Plaintiff for reasonable and necessary attorney’s fees; and it is further ORDERED, ADJUDGED, AND DECREED that Plaintiff be allowed such writs and processes as may be necessary in the enforcement execution and collection of this judgment; and it is further ORDERED, ADIUDGED and DECREED that this is a Final Judgment and is appealable. SIGNED on , 2023. JUDGE PRESIDING FINAL DEFAULT JUDGMENT Page 3 of 4 Prepared by: David D. Ritter State Bar No. 00791534 RITTER SPENCER CHENG PLLC 15455 Dallas Pkwy, Suite 600 Addison, Texas 75001 Telephone — (214) 295-5078 Facsimile — (214) 329-4362 Email: dritter@ritterspencercheng.com ATTORNEYS FOR PLAINTIFF FINAL DEFAULT JUDGMENT Page 4 of 4