Atlantic Express Corporation v. Kahana

New York Southern District Court
Judge:Katherine Polk Failla
Case #: 1:24-cv-03736
Nature of Suit120 Contract - Marine
Cause28:1333ad Admiralty
Case Filed:May 15, 2024
Terminated:Jan 22, 2025
Last checked: Monday Nov 11, 2024 3:25 AM EST
Defendant
Mordechai Kahana
95A Calais Road
Randolph, NJ 07869
Plaintiff
Atlantic Express Corporation
Represented By
Samuel Martin Sheldon
The Sheldon Law Firm, P.A.
contact info


Docket last updated: 12 hours ago
Wednesday, January 22, 2025
25 25 order Judgment Wed 01/22 12:02 PM
FINAL JUDGMENT: THIS CAUSE came before the Court on October 1, 2024 on Plaintiff, ATLANTIC EXPRESS CORPORATION, an Illinois corporation, Motion for Entry of Final Judgment [ECF No. 15] ("the Motion") and the Court having reviewed the Motion and Court file and being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED as follows: The Motion is GRANTED. Final Judgment is hereby entered in favor of Plaintiff and against Defendant, MORDECHAI KAHANA, a/k/a MOTI KAHANA, on all counts of Plaintiff's Complaint in the amount of $164,021.00, for which sum let execution issue. This amount is comprised of: (i) the original $58,000 contract amount; (ii) an additional amount of $1,800 for re-directing a portion of the shipments from Romania to Israel; and (iii) $111,421 in demurrage and detainer that Plaintiff Atlantic Express Corporation incurred as a consequence of Defendant Kahana's breach, which damages Defendant Kahana foresaw or should have foreseen as consequence of his breach. Interest shall accrue on this judgment pursuant to 28 U.S.C. § 1961. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/22/2025) (rro)
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Tuesday, January 21, 2025
minutes Default Hearing Thu 01/23 4:05 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Default Hearing held on 1/21/2025. Attorney Samuel Martin Sheldon present for Plaintiff. (Court Reporter recorded) (tn)
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Friday, December 20, 2024
24 24 service Certificate of Service Other Fri 12/20 2:43 PM
CERTIFICATE OF SERVICE of ORDER Granting the Letter Motion for Conference served on Mordechai Kahana on December 20, 2024. Service was made by Mail. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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23 23 2 pgs order Order on Motion for Conference Fri 12/20 1:47 PM
ORDER granting22 Letter Motion for Conference. Application GRANTED. In light of Plaintiff's counsel's above request, the order to show hearing scheduled for January 21, 2025, at 4:00 p.m. will now be telephonic. The dial-in information is as follows: At the designated time, the parties shall call (855) 244-8681 and enter access code 2315 780 7370. The Clerk of Court is directed to terminate the pending motion at docket entry 22. Telephone Conference set for 1/21/2025 at 04:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/20/2024) (rro)
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Thursday, December 19, 2024
22 22 motion Conference Thu 12/19 4:11 PM
LETTER MOTION for Conference re:20 Order to Show Cause,,,, addressed to Judge Katherine Polk Failla from Samuel M. Sheldon dated December 19, 2024. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Wednesday, October 23, 2024
21 21 service Certificate of Service Other Wed 10/23 2:06 PM
CERTIFICATE OF SERVICE of Order to Show Cause, Affidavit, Motion for Entry of Final Judgment; Declaration of Samuel Sheldon in Support of Propsed Clerk's Default served on Mordechai Kahana aka Moti Kahana on 10/23/2024. Service was made by Mail. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Monday, October 21, 2024
20 20 2 pgs order Order to Show Cause Mon 10/21 4:51 PM
ORDER TO SHOW CAUSE: it is hereby: ORDERED, that Defendant Mordechai Kahana, show cause at hearing on January 21, 2025, at 4:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, as to why a Default Judgment ought not be entered against him, pursuant to Federal Rule of Civil Procedure 55(b)(2), in favor of Plaintiff, based upon Defendant's failure to answer or otherwise appear in this action. IT IS FURTHER ORDERED that Plaintiff is to serve a copy of this Order and supporting documents upon Defendant via any previously used means of service by October 28, 2024, and to provide proof of service on the docket by November 4, 2024. Any opposition to entry of a default judgment is due on or before January 3, 2025. Any reply papers shall be due by January 10, 2025. SO ORDERED. Show Cause Hearing set for 1/21/2025 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/21/2024) (sgz)
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Friday, October 04, 2024
19 19 service Certificate of Service Other Fri 10/04 2:50 PM
CERTIFICATE OF SERVICE of Clerk's Default, Proposed Final Judgment, Motion of Entry of Final Judgment, Affidavit of Kastytis Latvys served on MORDECHAI KAHANA, a/k/a MOTI KAHANA on 10/04/2024. Service was made by Mail. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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18 18 respm Affidavit in Support of Motion Fri 10/04 2:17 PM
AFFIDAVIT of Kastytis Latvys in Support re:17 MOTION for Judgment .. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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17 17 motion Judgment Fri 10/04 2:03 PM
MOTION for Judgment . Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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16 16 misc Proposed Judgment Fri 10/04 12:18 PM
PROPOSED JUDGMENT. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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misc Notice to Attorney Regarding Deficient Proposed Order Fri 10/04 1:30 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Samuel Sheldon to RE-FILE Document No. 15 MOTION for Judgment .. The filing is deficient for the following reason(s): The motion and the affidavit (and other documents that are attached) need to be filed separately. Re-file the motion, then file the affidavit using Other Answers, Affidavit in support (motion). (km)
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misc Notice to Court Regarding Proposed Order Fri 10/04 3:03 PM
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 16 Proposed Judgment was reviewed and approved as to form. (km)
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Tuesday, October 01, 2024
15 15 motion Judgment Tue 10/01 12:05 PM
MOTION for Judgment . Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Att: 1 Exhibit A
Tuesday, September 17, 2024
14 14 misc Clerk's Certificate of Default Tue 09/17 9:06 AM
CLERK'S CERTIFICATE OF DEFAULT as to Mordechai Kahana also known as Moti Kahana.(km)
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Monday, September 16, 2024
13 13 respoth Declaration in Support (non-motion) Mon 09/16 3:59 PM
DECLARATION of Samuel M. Sheldon in Support re:12 Proposed Clerk's Certificate of Default. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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12 12 misc Proposed Clerk's Certificate of Default Mon 09/16 3:56 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Atlantic Express Corporation..(Sheldon, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)
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11 11 misc Proposed Clerk's Certificate of Default Mon 09/16 12:47 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Atlantic Express Corporation..(Sheldon, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/16/2024 (tp)
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misc Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default Mon 09/16 3:33 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Samuel Sheldon. RE-FILE Document No. 11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): no supporting Affirmation/ Declaration was filed. See ECF Rule 16.1(b)). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp)
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Friday, July 19, 2024
misc Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default Fri 07/19 4:08 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Samuel Sheldon. RE-FILE Document No. 10 Proposed Clerk's Certificate of Default,. The filing is deficient for the following reason(s): no supporting Affirmation/ Declaration was filed. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (nd)
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Tuesday, July 16, 2024
10 10 misc Proposed Clerk's Certificate of Default Tue 07/16 12:09 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Atlantic Express Corporation..(Sheldon, Samuel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)
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Friday, July 12, 2024
misc Notice to Attorney to Re-File Document - Event Type Error Fri 07/12 11:47 AM
***NOTICE TO ATTORNEY REGARDING DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Samuel Sheldon regarding Document 8 MOTION for Entry of Default as to MORDECHAI KAHANA, a/k/a MOTI KAHANA .. Please refer to ECF Rule 16.1 for instructions on how to request a certificate of default. (km)
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Tuesday, July 09, 2024
9 9 service Certificate of Service Other Tue 07/09 3:19 PM
CERTIFICATE OF SERVICE of Motion for Entry of Cler's Default served on MORDECHAI KAHANA a/k/a MOTI KAHANA, on July 9, 2024. Service was made by Mail. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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8 8 motion Entry of Default Tue 07/09 1:34 PM
MOTION for Entry of Default as to MORDECHAI KAHANA, a/k/a MOTI KAHANA . Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Thursday, May 30, 2024
7 7 service Certificate of Service Complaints Thu 05/30 10:07 AM
CERTIFICATE OF SERVICE of Summons and Complaint. Service was made by MAIL. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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6 6 service Affidavit of Service Complaints Thu 05/30 10:03 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Mordechai Kahana served on 5/23/2024, answer due 6/13/2024. Service was accepted by Andre (Doe) Authorized co-worker. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Friday, May 17, 2024
5 5 service Summons Issued Fri 05/17 3:27 PM
ELECTRONIC SUMMONS ISSUED as to Mordechai Kahana. (sj)
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4 4 misc Rule 7.1 Corporate Disclosure Statement Fri 05/17 11:21 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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Thursday, May 16, 2024
3 3 service Request for Issuance of Summons Thu 05/16 2:34 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mordechai Kahana a/ka Moti Kahana, re:1 Complaint. Document filed by Atlantic Express Corporation..(Sheldon, Samuel)
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2 2 misc Civil Cover Sheet Thu 05/16 2:12 PM
CIVIL COVER SHEET filed..(Sheldon, Samuel)
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notice Case Opening Initial Assignment Notice Thu 05/16 9:36 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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] ..(pc)
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utility Case Designation Thu 05/16 9:36 AM
Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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] . (pc)
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utility Case Designated ECF Thu 05/16 9:36 AM
Case Designated ECF. (pc)
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misc Notice to Attorney Regarding Party Modification Thu 05/16 9:37 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Martin Sheldon. The party information for the following party/parties has been modified: Atlantic Express Corp., Mordechai Kahana. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted;. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 05/16 9:37 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samuel Martin Sheldon. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc)
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misc Notice to Attorney to Submit/File Civil Cover Sheet Thu 05/16 9:37 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Samuel Martin Sheldon. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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Wednesday, May 15, 2024
1 1 cmp Complaint Wed 05/15 3:16 PM
COMPLAINT against Mordechai Kahana. (Filing Fee $ 405.00, Receipt Number ANYSDC-29358813)Document filed by Atlantic Express Corp...(Sheldon, Samuel)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C