SUBJECT: Motion to Vacate Void Judgment
Moving Party: Defendant Raymond Sipperley
Resp. Party: Plaintiff Astra Pacific Outdoor, LLC
Defendant Ray Sipperley’s motion to vacate void judgment is DENIED.
Objection
SUSTAINED
OVERRULED
OVERRULED
BACKGROUND:
Plaintiff Astra Pacific Outdoor, LLC (“Astra”) commenced this action against Defendant Raymond Sipperley (“Sipperley”) on May 25, 2018 by filing a complaint for (1) declaratory judgment; (2) breach of partnership agreement; and (3) breach of fiduciary duty. The action stems from a partnership agreement between Astra and Sipperley, where Sipperley allegedly breached the partnership agreement and caused Astra harm. Astra also asserts that a New York action filed against Astra by Sipperley for a breach of a buy-out agreement should be void, invalid, and unenforceable and should be vacated and set aside.
On February 2, 2019, Plaintiff filed with the Court the request for entry of default, which was entered by the clerk.
On April 5, 20
Hearing Date
July 01, 2019
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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SUBJECT: Motion to Vacate Void Judgment
Moving Party: Defendant Raymond Sipperley
Resp. Party: Plaintiff Astra Pacific Outdoor, LLC
Defendant Ray Sipperley’s motion to vacate void judgment is DENIED.
Objection
SUSTAINED
OVERRULED
OVERRULED
BACKGROUND:
Plaintiff Astra Pacific Outdoor, LLC (“Astra”) commenced this action against Defendant Raymond Sipperley (“Sipperley”) on May 25, 2018 by filing a complaint for (1) declaratory judgment; (2) breach of partnership agreement; and (3) breach of fiduciary duty. The action stems from a partnership agreement between Astra and Sipperley, where Sipperley allegedly breached the partnership agreement and caused Astra harm. Astra also asserts that a New York action filed against Astra by Sipperley for a breach of a buy-out agreement should be void, invalid, and unenforceable and should be vacated and set aside.
On February 2, 2019, Plaintiff filed with the Court the request for entry of default, which was entered by the clerk.
On April 5, 20