LG Capital Funding, LLC v. Active Health Foods, Inc.
| New York Eastern District Court | |
| Judge: | Allyne R Ross |
| Referred: | James Orenstein |
| Case #: | 1:16-cv-07031 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 21, 2016 |
| Terminated: | Mar 26, 2018 |
| Last checked: Monday Jun 19, 2017 5:33 AM EDT |
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Defendant
Active Health Foods, Inc.
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Plaintiff
LG Capital Funding, LLC
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Represented By
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| Docket last updated: 05/03/2024 11:59 PM EDT |
| Tuesday, April 17, 2018 | ||
| 19 | 19
misc
Mail Returned
Tue 04/17 3:14 PM
Mail Returned as Undeliverable. Mail sent to dft Active Health Foods, Inc. (copy of default jgm and appeals pkg) returned as Attempted no known. (Guzzi, Roseann) |
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| Monday, March 26, 2018 | ||
| 18 | 18
order
Judgment - Default
Mon 03/26 11:38 AM
DEFAULT JUDGMENT dated 3/26/18 that plaintiffs motion for default judgment is granted; and that judgment is hereby entered in favor of the plaintiff in the total amount of $230,436.28. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 3/26/2018 ) c/m to dft w/appeals pkg. (Guzzi, Roseann) |
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order
Order Adopting Report and Recommendations
Mon 03/26 9:51 AM
ORDER ADOPTING REPORT AND RECOMMENDATION: The court has received the Report and Recommendation from the Honorable Judge Orenstein. The deadline for filing objections has passed and no objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth. , No. 09-CV-1930682 (CBA) (LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). The motion for default judgment is therefore granted and plaintiff shall be awarded $230,436.28. Ordered by Judge Allyne R. Ross on 3/26/2018. (Clark, Sarah) |
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| Tuesday, March 13, 2018 | ||
| 17 | 17
service
Certificate of Service
Tue 03/13 3:51 PM
CERTIFICATE OF SERVICE by LG Capital Funding, LLC re16 REPORT AND RECOMMENDATIONS re9 MOTION for Default Judgment filed by LG Capital Funding, LLC (Kehrli, Kevin) |
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| Tuesday, March 06, 2018 | ||
| 16 | 16
motion
Report and Recommendations
Tue 03/06 8:42 PM
REPORT AND RECOMMENDATIONS re9 MOTION for Default Judgment filed by LG Capital Funding, LLC. For the reasons set forth in the attached document, I respectfully recommend that the court grant the motion and award the plaintiff a total amount of $230,436.28 (consisting of $137,060.00 in unpaid principal, $88,111.18 in interest, $4,770.00 in reasonable attorneys' fees, and $495.10 in litigation costs). I respectfully direct the plaintiff to promptly serve a copy of this Report and Recommendation on the defendant by certified mail and to file proof of service on the docket. Any objections to this Report and Recommendation must be filed no later than March 20, 2018. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 3/6/2018. (Orenstein, James) |
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| Friday, January 12, 2018 | ||
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order
Order(Other) ~Util - Add and Terminate Attorneys
Fri 01/12 11:39 AM
ORDER re15 Notice(Other) -- The application is granted; attorney Chris Han is terminated. Ordered by Magistrate Judge James Orenstein on 1/12/2018. (Salvador, Anjali) |
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| Thursday, January 11, 2018 | ||
| 15 | 15
notice
Notice(Other)
Thu 01/11 4:20 PM
NOTICE by LG Capital Funding, LLC Termination of Counsel (Han, Chris) |
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| Monday, May 15, 2017 | ||
| 14 | 14
notice
Notice of Appearance
Mon 05/15 5:40 PM
NOTICE of Appearance by Chris Han on behalf of LG Capital Funding, LLC (aty to be noticed) (Han, Chris) |
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| Monday, April 24, 2017 | ||
| 13 | 13
service
Certificate of Service
Mon 04/24 5:28 PM
CERTIFICATE OF SERVICE by LG Capital Funding, LLC re12 Declaration, (Kehrli, Kevin) |
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| Friday, April 21, 2017 | ||
| 12 | 12
misc
Declaration
Fri 04/21 3:51 PM
DECLARATION re Order,,,,,,, Order on Motion for Extension of Time to File,, by LG Capital Funding, LLC (Kehrli, Kevin) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Declaration,
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Att: 4
Memorandum in Opposition,
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Att: 5
Exhibit Witness List
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| Monday, April 17, 2017 | ||
| 11 | 11
service
Certificate of Service
Mon 04/17 12:52 PM
CERTIFICATE OF SERVICE by LG Capital Funding, LLC re Order on Motion for Extension of Time to File,, (Kehrli, Kevin) |
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| Thursday, April 13, 2017 | ||
| 10 | 10
motion
Extension of Time to File Document
Thu 04/13 6:00 PM
MOTION for Extension of Time to File Plaintiff's Submissions in Support of Damages by LG Capital Funding, LLC. (Kehrli, Kevin) |
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order
Order on Motion for Extension of Time to File
Thu 04/13 6:30 PM
ORDER granting10 Motion for Extension of Time to File -- The motion is granted; the plaintiff shall submit any written materials in support of its request for damages and attorneys' fees, no later than April 21, 2017; if the defendant wishes to contest damages at the inquest, it must respond to the plaintiff's motion, no later than April 28, 2017. The plaintiff is directed to serve a copy of this order on the defendant. Ordered by Magistrate Judge James Orenstein on 4/13/2017. (Miao, Tiffany) |
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| Friday, March 24, 2017 | ||
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order
Order Referring Motion
Fri 03/24 10:01 AM
ORDER REFERRING MOTION:9 MOTION for Default Judgment filed by LG Capital Funding, LLC. Ordered by Judge Allyne R. Ross on 3/24/2017. Motions referred to James Orenstein. (Matsumura, Rebecca) |
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order
Order(Other)
Fri 03/24 11:28 AM
ORDER re9 MOTION for Default Judgment filed by LG Capital Funding, LLC -- The plaintiff is directed to submit any written materials in support of its request for damages and attorneys' fees, including any affidavits, exhibits, or memoranda of law that the plaintiff wishes me to consider, no later than April 14, 2017 with copies simultaneously provided to the defendant. If the plaintiff wishes to present witnesses in support of its motion, it must also provide a list of all such witnesses. The defendant's default is without prejudice to its right to contest damages at an inquest. If it wishes to do so, it must respond to the plaintiff's motion, including all written materials, and provide a list of all witnesses who will testify at an inquest, no later than April 21, 2017. This will be the parties' final opportunity to present argument or evidence to me in support of any request for relief; if the evidence in the record by that deadline fails to establish either liability or any component of the plaintiff's request for relief, I will recommend that the court deny the corresponding portion of the motion rather than allow the plaintiff to cure the defect by filing supplemental proof. Upon reviewing the parties' submissions, I will schedule further proceedings as appropriate. Each party is responsible for arranging, at its own expense, the assistance of a court-certified interpreter for any inquest witness it will present who cannot testify in English. The plaintiff is directed to serve a copy of this order on the defendant and to electronically file proof of such service no later than March 31, 2017. Ordered by Magistrate Judge James Orenstein on 3/24/2017. (Klewin, Erin) |
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| Thursday, March 23, 2017 | ||
| 9 | 9
motion
Default Judgment
Thu 03/23 5:17 PM
MOTION for Default Judgment by LG Capital Funding, LLC. (Kehrli, Kevin) |
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Att: 1
Declaration,
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Att: 2
Declaration,
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Att: 3
Exhibit A - Itemized hours,
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Att: 4
Exhibit B - Receipt,
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Att: 5
Memorandum in Support,
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Att: 6
Proposed Judgment,
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Att: 7
Certificate of Service
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| Thursday, March 02, 2017 | ||
| 8 | 8
order
Order(Other)
Mon 03/06 10:00 AM
ENDORSED ORDER, re7 Clerk's Entry of Default. Motion for default judgment; if any, will be respectfully referred to Judge Orenstein. Ordered by Judge Allyne R. Ross on 3/3/2017. (Layne, Monique) |
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| 7 | 7
order
Clerks Entry of Default
Thu 03/02 5:14 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Active Health Foods, Inc. has failed to appear or otherwise defend this action, the default of Defendant Active Health Foods, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) |
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| Wednesday, March 01, 2017 | ||
| 6 | 6
misc
Request for Certificate of Default
Wed 03/01 12:33 PM
Request for Certificate of Default by LG Capital Funding, LLC (Kehrli, Kevin) |
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Att: 1
Declaration,
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Att: 2
Exhibit Proposed Certificate
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| Friday, January 13, 2017 | ||
| 5 | 5
service
Summons Returned Executed
Fri 01/13 10:34 AM
SUMMONS Returned Executed by LG Capital Funding, LLC. Active Health Foods, Inc. served on 12/28/2016, answer due 1/18/2017. (Kehrli, Kevin) |
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| Friday, December 23, 2016 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 12/23 10:44 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 12/23 10:43 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| Wednesday, December 21, 2016 | ||
| 2 | 2
service
Summons Issued
Fri 12/23 10:43 AM
Summons Issued as to Active Health Foods, Inc.. (Bowens, Priscilla) |
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| 1 | 1
cmp
Complaint
Wed 12/21 5:44 PM
COMPLAINT against Active Health Foods, Inc. filing fee $ 400, receipt number 0207-9156064 Was the Disclosure Statement on Civil Cover Sheet completed -YEs,, filed by LG Capital Funding, LLC. (Kehrli, Kevin) |
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Att: 1
Exhibit A - Note 1,
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Att: 2
Exhibit B - Note 2,
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Att: 3
Exhibit C - Note 3,
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Att: 4
Exhibit D - Note 4,
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Att: 5
Exhibit E - Notices of Conversion,
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Att: 6
Exhibit F - Default Letter,
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Att: 7
Civil Cover Sheet,
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Att: 8
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 12/23 10:41 AM
Case assigned to Judge Allyne R. Ross and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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