Balance Payments, Inc. d/b/a Balance v. Thread Studio LLC

New York Southern District Court
Judge:	Denise L Cote
Case #:	1:23-cv-06379
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:	Jul 24, 2023
Terminated:	Mar 27, 2024

Docket
Parties (2)

Last checked: Saturday Jan 20, 2024 5:27 AM EST

Defendant Thread Studio LLC 3912 Shirley Dr. NW Atlanta, GA 30336
Plaintiff Balance Payments, Inc.	Represented By Philip Thomas Merenda, III Brodsky Fotiu-Wojtowicz, PLLC contact info Benjamin H. Brodsky Brodsky Fotiu-Wojtowicz, PLLC contact info

Docket last updated: 6 hours ago

Wednesday, March 27, 2024
47		47 order Judgment - Default ~Util - Add and Terminate Parties ~Util - Terminate Motions Wed 03/27 11:41 AM FINAL DEFAULT JUDGMENT: Accordingly, it is hereby ORDERED AND ADJUDGED, that judgment is hereby entered in favor of Plaintiff, with an address at 2261 Market Street, #4149, San Francisco, CA 94114, and against Defendant, with an address at 3912 Shirley Dr NW, Atlanta, GA 30336. Plaintiff shall recover from Defendant monetary damages in the amount of $313,203.88 plus pre-judgment interest in the amount of $29,501.231, for a total sum due of $342,705.11 (Three Hundred Forty-Two Thousand Seven Hundred Five Dollars and Eleven Cents), excluding any applicable costs, that shall bear interest at the rate of 5.49% a year, FOR WHICH LET EXECUTION ISSUE FORTHWITH. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff is entitled to reimbursement of attorneys' fees in the full amount it seeks from Defendant pursuant to the terms of parties' agreements. Plaintiff is the prevailing party, having obtained a judgment in its favor. The parties' agreement unambiguously entitled the prevailing party to their attorney's fees in connection with litigation brought to enforce rights under the agreement. The hourly rates sought here are reasonable and consistent with amounts recently awarded for similarly experienced practitioners with reasonably comparable skill, experience, and reputation within this district. See, e.g., Carrington, 2020 WL 5758916, at *11-15 (finding rates as high as $900 to be reasonable). Moreover, Plaintiff's attorneys kept contemporaneous records reflecting the time spent on their work for this litigation. The Court has overseen this litigation from its inception in federal court and is familiar with the nature of the work required to litigate these claims, and finds that the hours spent by Plaintiff's counsel were reasonable. Plaintiff is therefore awarded $12,942.50 in attorney's fees and $1,210.49 in costs. DONE AND ORDERED in Chambers on this 27th day of March, 2024. Thread Studio LLC terminated., Motions terminated:44 MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Balance Payments, Inc.,45 AMENDED MOTION for Attorney Fees filed by Balance Payments, Inc.,15 MOTION for Default Judgment as to Thread Studio LLC filed by Balance Payments, Inc.,14 MOTION for Entry of Default as to Thread Studio LLC filed by Balance Payments, Inc. (Signed by Judge Denise L. Cote on 3/27/2024) (vfr) Related: [-]
		misc Notice to Court Regarding Proposed Order Wed 03/27 11:10 AM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 46 Proposed Default Judgment was reviewed and approved as to form. (km) Related: [-]
Tuesday, March 26, 2024
46		46 misc Proposed Default Judgment Tue 03/26 5:13 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
45		45 motion Attorney Fees Tue 03/26 4:53 PM AMENDED MOTION for Attorney Fees . Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
		Att: 1 Exhibit Amended Declaration of MM re Attorneys Fees
Friday, March 22, 2024
44		44 motion Attorney Fees Fri 03/22 7:24 PM MOTION for Attorney Fees and Incorporated Memorandum of Law . Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
		Att: 1 Exhibit A- Declaration of MM re Attorneys Fees
Friday, March 15, 2024
		minutes Default Hearing Fri 03/15 2:44 PM Minute Entry for proceedings held before Judge Denise L. Cote: Default Hearing held on 3/15/2024. (Court Reporter Pamela Utter) (jwh) Related: [-]
Thursday, March 14, 2024
43		43 respoth Declaration in Support (non-motion) Thu 03/14 4:50 PM DECLARATION of Ramanuj Basu in Support. Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
		Att: 1 Exhibit Ex. 1 - 2022_09_28_Balance_ThreadStudio_Agreement,
		Att: 2 Exhibit Ex. 2 - Balance Services Agreement,
		Att: 3 Exhibit Ex. 3 - Balance Receivable Purchase Terms,
		Att: 4 Exhibit Ex. 4 - List of ThreadStudio receivables
Wednesday, March 13, 2024
42		42 service Affidavit of Service Complaints Wed 03/13 10:41 AM AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Thread Studio LLC served on 1/4/2024, answer due 1/25/2024. Service was accepted by Secretary of State c/o Judy Sadler. Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
Tuesday, March 12, 2024
41		41 notice Notice of Appearance Tue 03/12 1:33 PM NOTICE OF APPEARANCE by Mariana Muci on behalf of Balance Payments, Inc...(Muci, Mariana) Related: [-]
40		40 order Order on Motion to Appear Pro Hac Vice Tue 03/12 11:57 AM ORDER granting39 Motion for Mariana C. Muci to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) Related: [-]
Friday, March 08, 2024
39		39 motion Appear Pro Hac Vice Fri 03/08 1:11 PM MOTION for Mariana C. Muci to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Balance Payments, Inc...(Muci, Mariana) Related: [-]
		Att: 1 Affidavit Affidavit ISO Motion to Appear PHV + Certificate of Good Standing,
		Att: 2 Proposed Order Proposed Order Granting Motion to Appear PHV
		misc Notice Regarding Pro Hac Vice Motion Fri 03/08 3:11 PM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 MOTION for Mariana C. Muci to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) Related: [-]
Thursday, March 07, 2024
38		38 motion Appear Pro Hac Vice Thu 03/07 3:55 PM FILING ERROR - PDF ERROR - MOTION for Mariana C. Muci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29049853. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Balance Payments, Inc...(Muci, Mariana) Modified on 3/7/2024 (bc) Related: [-]
		Att: 1 Exhibit Affidavit
		misc Notice Regarding Deficient Motion to Appear Pro Hac Vice Thu 03/07 4:04 PM >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 38 MOTION for Mariana C. Muci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29049853. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) Related: [-]
Wednesday, January 03, 2024
37		37 2 pgs service Amended Summons Issued Wed 01/03 2:19 PM ELECTRONIC AMENDED SUMMONS ISSUED as to Thread Studio LLC..(pc) Related: [-]
Tuesday, January 02, 2024
36		36 1 pgs order Order on Motion to Adjourn Conference Tue 01/02 4:38 PM ORDER granting32 Letter Motion to Adjourn Conference. The 1/5/24 hearing is adjourned to 3/15/24 at 2:30 pm. The plaintiff shall promptly serve the defendant. Default Hearing set for 3/15/2024 at 02:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/2/2024) (vfr) Related: [-]
35		35 service Request for Issuance of Amended Summons Tue 01/02 10:23 AM REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Thread Studio LLC, re:34 Amended Complaint. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
34		34 cmp Amended Complaint Tue 01/02 10:18 AM AMENDED COMPLAINT amending26 Amended Complaint, against Thread Studio LLC.Document filed by Balance Payments, Inc.. Related document:26 Amended Complaint,..(Brodsky, Benjamin) Related: [-]
Tuesday, December 26, 2023
33		33 service Amended Summons Issued Tue 12/26 9:42 AM ELECTRONIC AMENDED SUMMONS ISSUED as to Thread Studio LLC..(gp) Related: [-]
32		32 motion Adjourn Conference Tue 12/26 9:40 AM LETTER MOTION to Adjourn Conference (cancel) January 5, 2024 Hearing addressed to Judge Denise L. Cote from Benjamin Brodsky dated December 26, 2023. Document filed by Balance Payments, Inc...(Merenda, Philip) Related: [-]
Thursday, December 21, 2023
31		31 service Request for Issuance of Amended Summons Thu 12/21 11:32 AM REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Thread Studio LLC, re:26 Amended Complaint,. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
30		30 2 pgs order Order on Motion to Amend/Correct Thu 12/21 10:43 AM MEMO ENDORSED ORDER granting28 Motion to Amend/Correct1 Complaint . ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/21/2023) (vfr) Related: [-]
Wednesday, December 20, 2023
29		29 3 pgs respm Memorandum of Law in Support of Motion Wed 12/20 11:09 AM MEMORANDUM OF LAW in Support re:28 MOTION to Amend/Correct1 Complaint . . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit A- Amended Complaint
28		28 motion Amend/Correct Wed 12/20 11:03 AM MOTION to Amend/Correct1 Complaint . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
Monday, December 11, 2023
27		27 service Request for Issuance of Summons Mon 12/11 8:33 AM FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Thread Studio LLC, re:26 Amended Complaint. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Modified on 12/11/2023 (jgo) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Mon 12/11 3:21 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Benjamin H. Brodsky re: Document No. 26 Amended Complaint. The filing is deficient for the following reason(s): the pleading is amended more than 21 days after service of the original pleading; Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Mon 12/11 3:23 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin H. Brodsky to RE-FILE Document No. 27 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the summons request was not processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) Related: [-]
Friday, December 08, 2023
26		26 cmp Amended Complaint Fri 12/08 9:12 AM AMENDED COMPLAINT amending1 Complaint against Thread Studio LLC.Document filed by Balance Payments, Inc.. Related document:1 Complaint..(Brodsky, Benjamin) Related: [-]
Friday, November 03, 2023
25		25 service Summons Issued Fri 11/03 4:37 PM ELECTRONIC SUMMONS ISSUED as to Thread Studio LLC..(gp) Related: [-]
Thursday, November 02, 2023
24		24 service Request for Issuance of Amended Summons Thu 11/02 10:16 AM REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Thread Studio LLC, re:1 Complaint. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
Wednesday, November 01, 2023
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Wed 11/01 3:17 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin H. Brodsky to RE-FILE Document No. 22 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) Related: [-]
Tuesday, October 31, 2023
23		23 order Order on Motion to Continue Tue 10/31 4:31 PM ORDER granting21 Letter Motion to Continue. Having received the plaintiff's letter dated October 31, 2023, it is hereby ORDERED that the November 3, 2023 default judgment hearing is rescheduled to January 5, 2024 at 2:00 pm in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, NY 10007. Default Hearing set for 1/5/2024 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/31/2023) (vfr) Related: [-]
22		22 service Request for Issuance of Summons Tue 10/31 3:37 PM REQUEST FOR ISSUANCE OF SUMMONS as to Thread Studio LLC, re:1 Complaint. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
21		21 motion Continue Tue 10/31 1:59 PM LETTER MOTION to Continue November 3, 2023 Hearing addressed to Judge Denise L. Cote from Benjamin Brodsky, Esq. dated October 31, 2023. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit A- Return of Non-Service
Tuesday, October 24, 2023
20		20 order Order on Motion for Miscellaneous Relief Tue 10/24 10:38 AM MEMO ENDORSED ORDER denying19 Motion for for Leave to Appear Via Telephone or Via Zoom. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 10/24/2023) (vfr) Related: [-]
Monday, October 23, 2023
19		19 motion Miscellaneous Relief Mon 10/23 2:17 PM MOTION for Leave to Appear Via Telephone or Via Zoom re:16 Order,,,, Set Hearings,,, . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
18		18 notice Notice (Other) Mon 10/23 1:45 PM NOTICE of of Compliance with Court's DE 16 Order. Document filed by Balance Payments, Inc...(Merenda, Philip) Related: [-]
		Att: 1 Exhibit A
Monday, October 16, 2023
17		17 notice Notice of Appearance Mon 10/16 5:33 PM NOTICE OF APPEARANCE by Philip Thomas Merenda, III on behalf of Balance Payments, Inc...(Merenda, Philip) Related: [-]
Thursday, October 12, 2023
16		16 order Order ~Util - Set Hearings Thu 10/12 3:11 PM ORDER: The plaintiff having requested a default judgment on October 10, 2023, it is hereby ORDERED that the plaintiff shall serve this Order and the underlying papers on the defendant on or before October 27, 2023 by certified overnight mail and shall file proof of such service on ECF. IT IS FURTHER ORDERED that a default judgment hearing will be held on November 3, 2023 at 2:00 pm in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York 10007. Failure of the defendant to appear will result in entry of a default or a default judgment. ( Default Hearing set for 11/3/2023 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/12/2023) (vfr) Related: [-]
Tuesday, October 10, 2023
15		15 motion Default Judgment Tue 10/10 3:56 PM MOTION for Default Judgment as to Thread Studio LLC . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit Signed Declaration,
		Att: 2 Exhibit Attorney's Declaration with Supporting Documents
Monday, October 02, 2023
14		14 motion Entry of Default Mon 10/02 4:15 PM MOTION for Entry of Default as to Thread Studio LLC . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit Declaration in Support of Damages
Wednesday, September 27, 2023
13		13 order Order ~Util - Set Deadlines/Hearings Wed 09/27 10:13 AM ORDER: Accordingly, it is hereby ORDERED that the initial pretrial conference, scheduled for September 29, 2023, is canceled. IT IS FURTHER ORDERED that any renewed motion for entry of default against the defendant shall be filed by October 10, 2023. Counsel must comply with this Court's Individual Practices. IT IS FURTHER ORDERED that any failure to timely file may result in the dismissal of this action for failure to prosecute. ( Motions due by 10/10/2023.) (Signed by Judge Denise L. Cote on 9/27/2023) (tg) Related: [-]
Tuesday, September 26, 2023
12		12 misc Clerk's Certificate of Default Tue 09/26 4:00 PM CLERK'S CERTIFICATE OF DEFAULT as to Thread Studio LLC..(nd) Related: [-]
11		11 respoth Affidavit in Support (non-motion) Tue 09/26 2:25 PM AFFIDAVIT of Benjamin H. Brodsky in Support re:10 Proposed Clerk's Certificate of Default. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit Proposed Certificate of Default
10		10 misc Proposed Clerk's Certificate of Default Tue 09/26 2:16 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/26/2023 (nd) Related: [-]
Thursday, September 21, 2023
9		9 service Summons Returned Executed Thu 09/21 12:56 PM SUMMONS RETURNED EXECUTED. Thread Studio LLC served on 8/16/2023, answer due 9/6/2023. Service was accepted by Alex Callaghan - a person in charge at the recipients private mailbox location. Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
Tuesday, September 12, 2023
8		8 motion Entry of Default Tue 09/12 9:51 AM MOTION for Entry of Default as to Thread Studio LLC . Document filed by Balance Payments, Inc...(Brodsky, Benjamin) Related: [-]
		Att: 1 Exhibit Return of Service
Tuesday, August 15, 2023
7		7 order Order Tue 08/15 12:29 PM ORDER: Having received the plaintiff's August 14, 2023 request, it is hereby ORDERED that the September 29 initial pretrial conference will be held telephonically. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 8/15/2023) (vfr) Related: [-]
Tuesday, July 25, 2023
5		5 2 pgs order Order for Initial Pretrial Conference Tue 07/25 12:57 PM NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/29/2023 at 11:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/25/2023) (vfr) Related: [-]
4		4 service Summons Issued Tue 07/25 10:24 AM ELECTRONIC SUMMONS ISSUED as to Thread Studio LLC. (vf) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 07/25 10:16 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin H. Brodsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330 Breach of Contract; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc Diversity-Breach of Contract; the County code has been modified to XX Out of State. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 07/25 10:21 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) Related: [-]
		utility Case Designation Tue 07/25 10:21 AM Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) Related: [-]
		utility Case Designated ECF Tue 07/25 10:22 AM Case Designated ECF. (vf) Related: [-]
Monday, July 24, 2023
3		3 service Request for Issuance of Summons Mon 07/24 12:50 PM REQUEST FOR ISSUANCE OF SUMMONS as to Thread Studio LLC, re:1 Complaint. Document filed by Balance Payments, Inc. d/b/a Balance..(Brodsky, Benjamin) Related: [-]
2		2 misc Civil Cover Sheet Mon 07/24 12:45 PM CIVIL COVER SHEET filed..(Brodsky, Benjamin) Related: [-]
1		1 4 pgs cmp Complaint Mon 07/24 12:43 PM COMPLAINT against Thread Studio LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28041901)Document filed by Balance Payments, Inc. d/b/a Balance..(Brodsky, Benjamin) Related: [-]

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