Court File and Parties
COURT FILE NO.: CV- 23-00699645-0000 DATE: 20240111 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: KCOOPER BRANDS, INC. doing business as DEMPSEY INTERNATIONAL PACKAGING, Plaintiffs – and – EZZIGROUP INC. and RAY RASOULI, Defendants
BEFORE: Justice E.M. Morgan
COUNSEL: Rahul Gandotra, for the Plaintiffs Ray Rasouli, on his own behalf
HEARD: January 11, 2024
Motion to Amend Judgment
[1] On August 23, 2023, I issued a judgment recognizing and enforcing a judgment obtained by the Plaintiffs against the Defendants dated October 10, 2023, in the United States District Court for the District of Colorado. The Plaintiffs now move to amend the judgment (and the Statement of Claim) to correct the name of the individual Defendant, who apparently goes by a number of different versions of his name.
[2] The individual Defendants did not file any materials in response to the motion but Mr. Rasouli did attend the hearing in person. He stated that he had just yesterday instructed a paralegal in Colorado to file an appeal of the U.S. judgment. Mr. Rasouli has not sent counsel for the Plaintiffs a copy of that appeal (or notice of appeal), and Plaintiffs’ counsel indicated at the hearing that this is the first he has heard of any appeal.
[3] I explained to Mr. Rasouli that the motion before me was to simply correct his name on the court documents. He indicated that he understood that and confirmed that, indeed, the corrections do reflect the several versions of his name.
[4] I further explained to Mr. Rasouli that he should keep Plaintiffs’ counsel updated with respect to any developments in the U.S. litigation. He is to send counsel a copy of the appeal filed in the Colorado court and, down the road, is to keep counsel apprised of any change or new developments with respect to the U.S. judgment. In the event that the U.S. judgment is overturned on appeal or changed in any way, the parties may have to bring a further motion to address the Ontario judgment recognizing and enforcing the U.S. judgment.
[5] There will be an Order and amended Judgment to go as submitted by Plaintiffs’ counsel and edited by me to acknowledge Mr. Rasouli’s appearance in court today.
Date: January 11, 2024 Morgan J.