Silva v. Seven Rock Life Corp.
| New York Eastern District Court | |
| Judge: | Nusrat Jahan Choudhury |
| Referred: | Steven I Locke |
| Case #: | 2:23-cv-06407 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Aug 28, 2023 |
| Terminated: | Jul 01, 2024 |
| Last checked: Saturday Mar 16, 2024 6:09 AM EDT |
|
Defendant
Seven Rock Life Corp.
1967 WEHRLE DRIVE, SUITE 1 #086
Buffalo, NY 14221 |
|
|
Plaintiff
Laura A. Silva
|
Represented By
|
GPO
Jun 28 2024
ORDER For the reasons stated in the attached, the Court grants the Renewed Motion for Default Judgment (ECF No. 11) and awards Plaintiff $6,000 in statutory damages under the Telephone Consumer Protection Act, $7,500 in statutory damages under the Oklahoma Telephone Solicitation Act, and post-judgment interest. The Clerk is directed to enter judgment and close the case. Ordered by Judge Nusrat J. Choudhury on 6/28/2024. (DE) |
| Docket last updated: 2 hours ago |
| Monday, July 01, 2024 | ||
| 20 | 20
order
Judgment - Default
Mon 07/01 4:49 PM
DEFAULT JUDGMENT: ORDERED AND ADJUDGED that Plaintiff's renewed motion for a default judgment is granted; that Plaintiff Laura A. Silva is awarded a default judgment against Defendant Seven Rock Life, Corp., in a total amount of $13,500, plus post-judgment interest; and that this case is closed. Ordered by Clerk of Court on 7/1/2024. (JT) |
|
| Friday, June 28, 2024 | ||
| 19 | 19
17
pgs
order
Order on Motion for Default Judgment
Fri 06/28 3:38 PM
ORDER For the reasons stated in the attached, the Court grants the Renewed Motion for Default Judgment (ECF No.11 ) and awards Plaintiff $6,000 in statutory damages under the Telephone Consumer Protection Act, $7,500 in statutory damages under the Oklahoma Telephone Solicitation Act, and post-judgment interest. The Clerk is directed to enter judgment and close the case. Ordered by Judge Nusrat J. Choudhury on 6/28/2024. (DE) |
|
| Tuesday, June 04, 2024 | ||
| 18 | 18
misc
Mail Receipt
Tue 06/04 2:36 PM
Mail receipt (Shamis, Andrew) |
|
| 17 | 17
respm
Affidavit/Declaration in Support of Motion
Tue 06/04 11:17 AM
AFFIDAVIT/DECLARATION in Support re11 MOTION for Default Judgment Plaintiff's Renewed Motion For Default Judgment Against Defendant Supplemental Affidavit filed by Laura A. Silva. (Shamis, Andrew) |
|
| Saturday, June 01, 2024 | ||
|
order
Order(Other)
Sat 06/01 7:18 PM
ORDER The Court has reviewed Plaintiff Silva's response to the Court's Order To Show Cause. ECF No.16 . The response does not demonstrate that the papers submitted to the Court pursuant to Local Civil Rule 55.2(a) and (b) were mailed to the party against whom a default judgment is sought at the last known business address of such party. See EDNY Local Civil Rule 55.2(c). The Better Business Bureau website lists the last known Suffolk County address for Defendant Seven Rock Life Corp. to be 1 Hewitt Square, East Northport, NY 11731-2519. By June 10, 2024 , Plaintiff is directed to file with the Court by June 7, 2024 proof of mailing of the motion for default judgment and all supporting submissions (ECF Nos. 11-14), as well as any supplemental affidavit as required under Rule 55.1(c), to Defendant Seven Rock Life Corp. at the East Northport address. See Local Rule 55.1(c) (providing that "if the mailing [of the default judgment motion] is required, a supplemental affidavit shall be filed with the Court setting forth that fact, together with the reason provided for the return, if any"). Ordered by Judge Nusrat J. Choudhury on 6/1/2024. (DE) |
||
| Friday, May 24, 2024 | ||
| 16 | 16
misc
Response to Order to Show Cause
Fri 05/24 10:36 AM
RESPONSE TO ORDER TO SHOW CAUSE by Laura A. Silva (Shamis, Andrew) |
|
|
Att: 1
Exhibit Exh. 1 - Public Inquiry,
|
||
|
Att: 2
Exhibit Exh. 2 - Plaintiff's Proof of Mailing,
|
||
|
Att: 3
Exhibit Exh. 3 - USPS Tracking Results
|
||
| Monday, May 20, 2024 | ||
|
order
Order to Show Cause
Mon 05/20 7:35 AM
ORDER TO SHOW CAUSE Although the Complaint alleges that Defendant is headquartered in Suffolk County (ECF No. 1 para 9), Plaintiff has directed service of the proposed summons and the motion for default judgment to an address in Buffalo, NY. (See ECF Nos. 4, 15.) Plaintiff is respectfully directed to demonstrate by May 24, 2024 that service of the Complaint was legally sufficient and that Plaintiff has complied with the requirement that the papers submitted to the Court pursuant to Local Civil Rule 55.2(a) and (b) were mailed to the party against whom a default judgment is sought at the last known residence of such party (if an individual) or the last known business address of such party (if a person other than an individual). See E.D.N.Y. Local Civil Rule 55.2(c). The Court notes that Local Civil Rule 55.2(c) further requires that "if the mailing [of the motion for default judgment] is returned, a supplemental affidavit shall be filed with the Court setting forth that fact, together with the reason provided for return, if any." Id. Ordered by Judge Nusrat J. Choudhury on 5/20/2024. (DE) |
||
| Monday, February 19, 2024 | ||
| 15 | 15
misc
Mail Receipt
Mon 02/19 4:37 PM
Mail receipt (Shamis, Andrew) |
|
|
Att: 1
Exhibit Proof of Mailing
|
||
| 14 | 14
respm
Affidavit/Declaration in Support of Motion
Mon 02/19 4:17 PM
AFFIDAVIT/DECLARATION in Support re11 MOTION for Default Judgment Plaintiff's Renewed Motion For Default Judgment Against Defendant Declaration of Laura Silva in Support of Plaintiff's Renewed Motion for Default Judgment against Defendant filed by Laura A. Silva. (Shamis, Andrew) |
|
|
Att: 1
Exhibit Text Messages
|
||
| 13 | 13
respm
Affidavit/Declaration in Support of Motion
Mon 02/19 4:01 PM
AFFIDAVIT/DECLARATION in Support re11 MOTION for Default Judgment Plaintiff's Renewed Motion For Default Judgment Against Defendant DECLARATION OF ANDREW J. SHAMIS IN SUPPORT OF PLAINTIFF'S RENEWED MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT filed by Laura A. Silva. (Shamis, Andrew) |
|
|
Att: 1
Exhibit Complaint,
|
||
|
Att: 2
Exhibit Summons,
|
||
|
Att: 3
Exhibit Clerks Entry of Default,
|
||
|
Att: 4
Exhibit Text Messages
|
||
| 12 | 12
8
pgs
respoth
Memorandum in Support
Mon 02/19 3:31 PM
MEMORANDUM in Support re11 MOTION for Default Judgment Plaintiff's Renewed Motion For Default Judgment Against Defendant PLAINTIFFS MEMORANDUM IN SUPPORT OF ITS RENEWED MOTION FOR DEFAULT JUDGEMENT AGAINST DEFENDANT filed by Laura A. Silva. (Shamis, Andrew) |
|
| 11 | 11
motion
Default Judgment
Mon 02/19 3:23 PM
MOTION for Default Judgment Plaintiff's Renewed Motion For Default Judgment Against Defendant by Laura A. Silva. (Shamis, Andrew) |
|
|
Att: 1
Exhibit Summons Returned Executed,
|
||
|
Att: 2
Exhibit Clerk's Entry of Default,
|
||
|
Att: 3
Exhibit Proposed Order Granting Default Judgment
|
||
| Tuesday, February 13, 2024 | ||
|
order
Order on Motion for Default Judgment
Tue 02/13 9:15 AM
ORDER The Court has reviewed Plaintiff's motion for default judgment and supporting declaration. ECF No.9 ,10 . The Court notes that the motion lacks a memorandum of law, as required under Local Civil Rule 7.1(a)(2), and proof of service of the motion on all parties, as required under Local Civil Rule 55.2(b)-(c). Accordingly, the motion for default judgment is denied with leave to renew. Plaintiff shall file any renewed motion by February 19, 2024. The forthcoming memorandum of law shall address whether the Telephone Consumer Protection Act and Oklahomas Telephone Solicitation Act apply to telemarketing text messages. Ordered by Judge Nusrat J. Choudhury on 2/13/2024. (DE) |
||
| Tuesday, January 02, 2024 | ||
| 10 | 10
misc
Declaration
Tue 01/02 4:22 PM
DECLARATION re9 MOTION for Default Judgment by Laura A. Silva (Shamis, Andrew) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B,
|
||
|
Att: 3
Exhibit C,
|
||
|
Att: 4
Exhibit D
|
||
| 9 | 9
motion
Default Judgment
Tue 01/02 4:13 PM
MOTION for Default Judgment by Laura A. Silva. (Shamis, Andrew) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, December 05, 2023 | ||
|
order
Scheduling Order
Tue 12/05 9:53 AM
ORDER. In light of the clerk's entry of default (ECF No.8 ), the Plaintiff's motion for default judgment shall be filed on or before January 3, 2024 . The motion and any supporting documents shall be filed in accordance with Judge Choudhury's Individual Rules, which address the procedure for pursuing a Default Judgment. See Individual Rule 5.8 and Attachment A. Ordered by Judge Nusrat J. Choudhury on 12/5/2023. (DE) |
||
| Friday, December 01, 2023 | ||
| 8 | 8
order
Clerks Entry of Default
Fri 12/01 4:08 PM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Seven Rock Life Corp., has failed to appear or otherwise defend this action, the default of defendant Seven Rock Life Corp., is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
|
| Wednesday, October 11, 2023 | ||
|
utility
Case Assigned/Reassigned
Wed 10/11 1:37 PM
Case Reassigned to Judge Nusrat Jahan Choudhury. Judge Brian M. Cogan no longer assigned to the case. 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. (BBM) |
||
|
utility
Case Referred to Magistrate Judge
Wed 10/11 1:38 PM
Magistrate Judge Steven I. Locke assigned for pretrial non-dispositive matters. (BBM) |
||
| Wednesday, October 04, 2023 | ||
| 7 | 7
misc
Request for Certificate of Default
Wed 10/04 4:07 PM
Request for Certificate of Default by Laura A. Silva (Shamis, Andrew) |
|
|
Att: 1
Exhibit Exhibit A - Affidavit of Service,
|
||
|
Att: 2
Proposed Order Exhibit B - Proposed Order
|
||
| Tuesday, October 03, 2023 | ||
|
order
Order(Other)
Tue 10/03 6:24 PM
ORDER. Plaintiff is ORDERED to request entry of default by 10/4/2023 and to move for a default judgment with detailed proof of damages within 14 days after the Clerk enters defendant's default. The initial status conference scheduled for 10/10/2023 is adjourned without date. Ordered by Judge Brian M. Cogan on 10/3/2023. (PW) |
||
| Wednesday, September 06, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Wed 09/06 10:42 AM
SUMMONS Returned Executed by Laura A. Silva. Seven Rock Life Corp. served on 9/5/2023, answer due 9/26/2023. (Shamis, Andrew) |
|
| Thursday, August 31, 2023 | ||
| 5 | 5
order
Scheduling Order
Thu 08/31 10:30 AM
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/10/2023 at 10:30 am. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 8/31/2023. (PW) |
|
| Wednesday, August 30, 2023 | ||
| 4 | 4
service
Summons Issued
Wed 08/30 1:46 PM
Summons Issued as to Seven Rock Life Corp.. (CL) |
|
| 3 | 3
misc
Clerks Notice of Rule 73
Wed 08/30 1:34 PM
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. (CL) |
|
| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Wed 08/30 12:28 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
|
|
utility
Case Assigned/Reassigned
Wed 08/30 1:33 PM
Case Assigned to Judge Brian M. Cogan. 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. (CL) |
||
| Monday, August 28, 2023 | ||
| 1 | 1
COMPLAINT against Seven Rock Life Corp. filing fee $ 402, receipt number ANYEDC-17029945 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Laura A. Silva. (Shamis, Andrew) Modified on 8/30/2023 (CL).
|
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Proposed Summons
|
||