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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`CCR INTERNATIONAL, INC.,
`CCR Development Group, Inc., and
`José Fuertes, and Banco Cooperativo de Puerto Rico
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`THE ELIAS GROUP, LLC,
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`Plaintiffs,
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`v.
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`Defendant.
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`No.: 15-6563(PAE-NFK)
`Civil Action
`No.: 16-6280(PAE-NFK)
`Civil Action
`No.: 17-6697 (PAE-NFK)
`Civil Action
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`MOTION TO AMEND JUDGMENT PURSUANT RULE 60(a)1
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`TO THE HONORABLE COURT:
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`Plaintiff CCR International, Inc. ("CCR International"), by and through its respective
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`attorneys, very respectfully states and prays as follows:
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`1.
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`2.
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`This Court entered judgment in this case on April 14, 2021. Docket 266.
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`In its December 21, 2020 Opinion and Order, this Court found that:
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`First, Elias had to make an “initial payment” of $300,000, to be
`paid in three unequal installments upon the occurrence of three
`separate events. See id. § 1.03(a)(i) (requiring payment of $80,000
`upon CCR’s delivery to Elias of its certificate of incorporation and
`other corporate materials); id. § 1.03(a)(ii) (requiring another
`$70,000 payment if, after paying the above $80,000, CCR
`delivered additional documents to Elias, including a certificate of
`good standing); id. § 1.03(a)(iii) (requiring final $150,000 payment
`at the end of Elias’s due diligence). Elias appears only to have paid
`the first $70,000 and $80,000 payments, for a total of $150,000.
`See JSF ¶ 46; Fuertes Tr. at 53–54.
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`Docket 251, Opinion and Order at 6.
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`1See Federal Rule of Appellate Procedure 12. Moreover, the undersigned has filed a Motion to Dismiss the Appeal.
`See attached copy of that motion.
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`1
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`Case 1:15-cv-06563-PAE-KNF Document 268 Filed 08/02/21 Page 2 of 3
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`3.
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`The Opinion and Order also states, “In 2013, CCR assigned its right to receive that $9
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`million in exchange for the payments set forth in the Assignment Agreement, including the
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`$300,000 initial payment (of which Elias paid $150,000) and the “buyout amount” should
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`Elias ever acquire the Coco Rico assets.” Id. at 12. Since $300,000 - $150,000 = $150,000,
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`this Court should amend its order to find that Elias owes CCR International $150,000.
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`F.R.C.P. 60(a) provides that judgment can be amended due to an oversight or omission in
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`the judgment, so this Court can amend its judgment with the appellate court’s leave. This
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`Court did not reject the payment of the $150,000, so CCR International understands that
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`the failure to order Elias to pay the outstanding amount was an “oversight or omission.”
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`4.
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`The Court’s finding is based on the Assignment Agreement between CCR International
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`and Elias Group, LLC (Elias), the latter agreed to pay CCR International $70,000 for
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`certain corporate documents and $80,000 for other corporate certifications as well as
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`$150,000 after the completion of the Due Diligence Review for the purchase of the CCR
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`assets occurred, provided that CCR International had delivered the necessary certificates
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`for the first two payments. Exhibit J to Elias’ Motion for Summary Judgment, Docket 242-
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`15.
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`5.
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`Because CCR International provided the required certificates, Elias made the first two
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`payments; the Due Diligence Review was completed, as evidenced by Elias purchasing
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`CCR Development Group’s assets and as this Court has found; but Elias never paid the
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`remaining $150,000 owed to CCR International. See Joint Stipulation of Material Facts at
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`¶ 46. Docket 242-1. (“Prior to execution of the 2015 Asset Purchase Agreement, CCR
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`received $150,000.00 from Elias Group under the Assignment Agreement.”)
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`2
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`Case 1:15-cv-06563-PAE-KNF Document 268 Filed 08/02/21 Page 3 of 3
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`6.
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`In its Motion for Summary Judgment, Elias recognizes that the 2015 Asset Purchase
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`Agreement was executed. Elias’ Motion for Summary Judgment Docket 242-2 at 8, 14, 16,
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`17, 28.
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`7.
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`Elias Group presented the Court with no evidence that the remaining $150,000 of the
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`$300,000 was paid. See generally Elias’ Memorandum of Law in Support of its Motion for
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`Summary Judgment, Docket 242 and its attached exhibits.
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`8.
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`Based on the above, and consistent with this Court’s findings, CCR International, Inc. asks
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`this Court to amend its judgment to reflect that Elias Group, LLC owes CCR International,
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`Inc. $150,000.
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`WHEREFORE, CCR International, Inc. respectfully requests this Honorable Court to amend its
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`judgment pursuant to Federal Rule of Civil Procedure 60(a) to order Elias Group, LLC to pay CCR
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`International, Inc. $150,000 and enter any other appropriate relief under law and equity.
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`Dated: August 2, 2021
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`Respectfully Submitted,
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`/s/Jane A. Becker
`jb-6155
`JANE A. BECKER
`P.O. Box 9023914
`San Juan, Puerto Rico 00902-3914
`Tel: (787) 585-3824
` janebeckerwhitaker@gmail.com
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`Counsel for CCR International, Inc.
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`3
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