NEC Financial Services, LLC v. Chelan Valley Spa, LLC et al
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | James M Wicks |
| Case #: | 2:24-cv-05616 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Aug 12, 2024 |
| Terminated: | Dec 03, 2024 |
| Last checked: Sunday Feb 09, 2025 4:35 AM EST |
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Defendant
Chelan Valley Spa, LLC
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Defendant
Cindy McCarey
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Plaintiff
NEC Financial Services, LLC
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Represented By
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| Docket last updated: 26 minutes ago |
| Tuesday, December 03, 2024 | ||
| 12 | 12
order
Judgment - Default
Tue 12/03 3:36 PM
DEFAULT JUDGMENT: ORDERED AND ADJUDGED that default judgment is hereby entered in favor of NECFS and against Cindy McCarey a/k/a Cindy Renee McCarey in the amount of $171,844.08, plus attorney fees, post-judgment interest, and costs and disbursements. Ordered by Clerk of Court on 12/3/2024. (JT) |
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| Thursday, November 07, 2024 | ||
| 11 | 11
misc
Request for Sum Certain Default Judgment pursuant to Fed. R. Civ. P. 55(b)(1)
Thu 11/07 10:08 AM
Request for Sum Certain Default Judgment pursuant to Fed. R. Civ. P. 55(b)(1) (Romano, Michael) |
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Att: 1
Memorandum in Support,
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Att: 2
Affidavit in Support,
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Att: 3
Declaration,
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Att: 4
Exhibit,
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Att: 5
Proposed Order,
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Att: 6
Certificate of Service
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| Tuesday, October 29, 2024 | ||
| 10 | 10
motion
Default Judgment
Tue 10/29 12:50 PM
Request for Certificate of Default by NEC Financial Services, LLC (Romano, Michael) Modified on 10/29/2024 to correct event type to a motion(JC). Modified on 10/29/2024 to convert back to Request for Cert of Default(JC) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit,
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Att: 3
Proposed Judgment,
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Att: 4
Certificate of Service
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utility
Terminate Motions (filed in error)
Tue 10/29 4:00 PM
Motions terminated, docketed incorrectly:10 MOTION for Default Judgment filed by NEC Financial Services, LLC. The Clerks Office inadvertently modified this entry to a motion for default judgment. The motion has now been terminated and the court will address the document as a "Request for Certificate of Default". (JC) |
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misc
Request for Certificate of Default - Denied
Tue 10/29 4:14 PM
REQUEST for Certificate of Default10 is denied at this time. The Clerk issued a certificate of default8 as to both defendants. By Order dated 10/23/24, the Court granted plaintiff's request to vacate the certificate as to defendant Chelan Valley Spa, LLC. The Certificate of Default8 is still active as to defendant Cindy McCarey. (JT) |
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| Wednesday, October 23, 2024 | ||
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order
Order(Other)
Wed 10/23 6:04 PM
ORDER re8 Clerk's Entry of Default, filed by Chelan Valley Spa, LLC, Cindy McCarey,9 Letter filed by NEC Financial Services, LLC Plaintiff NEC Financial Services, LLC ("NECFS") has advised the Court that defendant Chelan Valley Spa, LLC ("Chelan") filed a chapter 7 bankruptcy on October 2,2024 in the United States Bankruptcy Court for the Eastern District of Washington (Spokane/Yakina), Docket No.: 24-01595 FPC7. On October 3, 2024, plaintiff NECFS requested a Certificate of Default in this case against defendants Chelan Valley Spa, LLC and Cindy McCarey. DE 7. On October 7, 2024, the Clerk of the Court noted the defaults of defendants Chelan Valley Spa, LLC and Cindy McCarey pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. DE 8 (Clerk's Entry of Default). Accordingly, plaintiff's motion to vacate the Entry of Default as to defendant Chelan Valley Spa, LLC, DE 8, is granted. Due to the filing of the bankruptcy petition, the case is stayed as to defendant Chelan Valley Spa, LLC. The Clerk of the Court is directed to (1) VACATE the Entry of Default as to defendant Chelan Valley Spa, LLC; and (2) STAY this case as to defendant Chelan Valley Spa, LLC. (LJ) |
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| Monday, October 21, 2024 | ||
| 9 | 9
misc
Letter
Mon 10/21 10:18 AM
Letter by NEC Financial Services, LLC (Romano, Michael) |
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| Tuesday, October 08, 2024 | ||
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order
Order(Other)
Tue 10/08 9:19 AM
ORDER: In light of the Clerk's Entry of Default at ECF No.8 , Plaintiff is directed to, on or before November 8, 2024 , either move for default judgment in accordance with the Hon. Gary R. Brown's Individual Rules, or, voluntarily dismiss this case. So Ordered by Magistrate Judge James M. Wicks on 10/8/2024. (JP) |
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| Monday, October 07, 2024 | ||
| 8 | 8
order
Clerks Entry of Default
Mon 10/07 11:24 AM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Chelan Valley Spa, LLC, and Cindy McCarey have failed to appear or otherwise defend this action, the defaults of defendants Chelan Valley Spa, LLC and Cindy McCarey are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
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| Thursday, October 03, 2024 | ||
| 7 | 7
misc
Request for Certificate of Default
Thu 10/03 11:02 AM
Request for Certificate of Default by NEC Financial Services, LLC (Romano, Michael) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit,
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Att: 3
Proposed Judgment
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| Tuesday, September 10, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Tue 09/10 11:32 AM
SUMMONS Returned Executed by NEC Financial Services, LLC. Cindy McCarey served on 9/6/2024, answer due 9/27/2024. (Romano, Michael) |
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| 5 | 5
service
Summons Returned Executed
Tue 09/10 11:31 AM
SUMMONS Returned Executed by NEC Financial Services, LLC. Chelan Valley Spa, LLC served on 9/6/2024, answer due 9/27/2024. (Romano, Michael) |
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| Tuesday, August 13, 2024 | ||
| 4 | 4
service
Summons Issued
Tue 08/13 10:06 AM
Summons Issued as to All Defendants. (LJ) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 08/13 10:01 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (LJ) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Tue 08/13 9:53 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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utility
Case Assigned/Reassigned
Tue 08/13 9:59 AM
Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (LJ) |
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| Monday, August 12, 2024 | ||
| 1 | 1
cmp
Complaint
Mon 08/12 12:37 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18167634 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by NEC Financial Services, LLC. (Romano, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Exhibit
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