LG Capital Funding, LLC v. Volt Solar Systems, Inc.
| LG Capital Funding, LLC |
| Volt Solar Systems, Inc. and First Power and Light, Inc. |
| 1:2015cv01404 |
| March 18, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A Matsumoto |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 19 Mail- #15 Judgment-sent to Volt Solar Systems, Inc., 301 Edgewater Pl. Ste 100, Wakefield, MA 01880-1281-was Returned as Undeliverable-w/Notation: "Return to Sender." (Layne, Monique) |
| Filing 18 Mail- #14 -sent to Volt Solar Systems @ P.O. Box 674, Pennauken, NJ 08110-0674 was Returned as Undeliverable-w/Notation: "Not At This Address-Return to Sender." (Layne, Monique) |
| Filing 17 Mail- #15 Judgment-sent to Volt Solar Systems, Inc. was Returned as Undeliverable-w/Notation: Return to Sender. (Layne, Monique) |
| Filing 16 Mail- #14 Order-sent to Volt Solar Systems, Inc.-was Returned as Undeliverable w/Notation-"Return To Sender". (Layne, Monique) |
| Filing 15 DEFAULT JUDGMENT in favor of LG Capital Funding, LLC against Volt Solar Systems, Inc. ORDERED and ADJUDGED that Plaintiff's motion for a default judgment is granted; and that it is further, ORDERED and ADJUDGED that $122,907.82 is the awarded damages for Promissory Note 1, plus an additional $48.37 in interest per day from September 9, 2016 until the date that Volt commences repayment, at which point default interest shall be recalculated inaccordance with the provision of Note 1; ORDERED and ADJUDGED that $121,200.48 is the awarded damages for Promissory Note 2, plus an additional $48.87 in interest per day from September 9, 2016 until the date that Volt commences repayment, at which point default interest shall be recalculated in accordance with the provisions of Note 2; ORDERED and ADJUDGED that $87,131.38 is the awarded damages for Promissory Note 3, plus an additional $35.13 in interest per day from September 9, 2016 until the date that Volt commences repayment, at which point default interest shall be recalculated in accordance with the provisions of Note 3; ORDERED and ADJUDGED that Plaintiff LG Funding, LLC is awarded attorneys' fees and costs in the amount of $7,765.00. Ordered by Douglas C. Palmer, Clerk of Court, by J. Hamilton, Deputy Clerk on 9/16/2016. c/m as to defts. at the address listed in the #13 R&R. (Layne, Monique) |
Filing 14
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Order, the findings in the Report and Recommendation are adopted, with the exception of those relating to the calculation of damages. Plaintiff is awarded damages as set forth in this Order. Judgment should be entered consistent with this Order for plaintiff and against defendant. The Clerk of Court is respectfully requested to mail a copy of the judgment and this Order to defendant at its last known address, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 9/9/2016. (McNulty, John)
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Filing 13
REPORT AND RECOMMENDATIONS re #12 MOTION for Default Judgment filed by LG Capital Funding, LLC. As discussed therein, it is respectfully recommended that the District Judge grant Plaintiff LG's motion for default judgment; award LG compensatory damages against Defendant Volt in the following amounts: $121,994.32 for the failure to repay Note 1; plus $48.72 per day from August 16, 2016 until such day as Volt commences repayment of Note 1, at which point default interest must be recalculated in accordance with the provisions of Note 1; $119,978.73 for the failure to repay Note 2; plus 48.87 per day from August 16, 2016 until such day as Volt commences repayment of Note 2, at which point default interest must be recalculated in accordance with the provisions of Note 2; $86,253.13 for the failure to repay Note 3; plus $35.13 per day from August 16, 2016 until such day as Volt commences repayment of Note 3, at which point default interest must be recalculated in accordance with the provisions of Note 3; and award LG attorney's fees and costs against Volt in the amount of $7,765.00. c/m Volt Solar Systems, Inc., c/o Cathryn Walker, 307 Springview Drive, Sanford, Florida 32773 and Volt Solar Systems, Inc., 401 East 4th Street, Building 6, Bridgeport, Pennsylvania 19405. Objections to R&R due by 9/1/2016. Ordered by Magistrate Judge Vera M. Scanlon on 8/15/2016. (Weingarten, Richard)
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ORDER REFERRING MOTION: #12 MOTION for Default Judgment filed by LG Capital Funding, LLC. Ordered by Judge Kiyo A. Matsumoto on 4/8/2016. Motions referred to Vera M. Scanlon. (Williams-Jackson, Sandra)
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| Filing 12 MOTION for Default Judgment by LG Capital Funding, LLC. (Attachments: #1 Affidavit in Support PLAINTIFF'S COUNSEL'S AFFIRMATION IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT PURSUANT TO CLERK'S ENTRY OF DEFAULT AND FOR COSTS AND ATTORNEYS' FEES, #2 Exhibit EXHIBIT A TO SASSON AFFIRMATION, #3 Exhibit EXHIBIT B TO SASSON AFFIRMATION, #4 Affidavit in Support PLAINTIFF'S AFFIDAVIT, #5 Exhibit EXHIBIT A TO PLAINTIFF'S AFFIDAVIT, #6 Exhibit EXHIBIT B TO PLAINTIFF'S AFFIDAVIT, #7 Exhibit EXHIBIT C TO PLAINTIFF'S AFFIDAVIT, #8 Memorandum in Support MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGEMNT) (Sasson, Alan) |
| Filing 11 Letter by LG Capital Funding, LLC (Sasson, Alan) |
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STATUS REPORT ORDER: Plaintiff's counsel failed to file the letter on 8/12/2015 as ordered. On or before 8/21/2015, he must comply with the Court's Order. Failure to comply with the Court's Orders may result in sanctions, including dismissal of the action for failure to prosecute. Ordered by Magistrate Judge Vera M. Scanlon on 8/18/2015. (Quinlan, Krista)
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STATUS REPORT ORDER: Counsel failed to appear or contact the Court to request an adjournment. Counsel must explain this failure by letter by 8/12/2015. Plaintiff must move for a default judgment by 10/8/2015. Ordered by Magistrate Judge Vera M. Scanlon on 8/5/2015. (Quinlan, Krista)
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| Filing 10 NOTICE of Appearance by Alan J Sasson on behalf of LG Capital Funding, LLC (aty to be noticed) (Sasson, Alan) |
| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Volt Solar Systems, Inc. has failed to appear or otherwise defend this action, the default of Defendant Volt Solar Systems, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) |
| Filing 8 DECLARATION re #7 Request for Certificate of Default Corrected Declaration In Support of Request for Certificate of Default by LG Capital Funding, LLC (Zelman, Yitzchak) |
| Filing 7 Request for Certificate of Default by LG Capital Funding, LLC (Attachments: #1 Declaration of Yitzchak Zelman, Esq. In Support Of Plaintiff's Request For A Certificate of Default, #2 Proposed Order) (Zelman, Yitzchak) |
| Filing 6 SUMMONS Returned Executed by LG Capital Funding, LLC. Volt Solar Systems, Inc. served on 3/26/2015, answer due 4/16/2015. (Zelman, Yitzchak) |
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Filing 5
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 8/5/2015 at 9:30 AM before Magistrate Judge Scanlon in Courtroom 504 North. Plaintiff's counsel is directed to serve this Order on Defendant's counsel. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 7/30/2015. Ordered by Magistrate Judge Vera M. Scanlon on 5/27/2015. (Quinlan, Krista)
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| Filing 4 Summons Issued as to Volt Solar Systems, Inc.. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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: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. (Davis, Kimberly) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon. (Davis, Kimberly) |
| Filing 1 COMPLAINT against VOLT Solar Systems, Inc. formerly known as First Power and Light, Inc. filing fee $ 400, receipt number 0207-7597770 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LG Capital Funding, LLC. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Zelman, Yitzchak) |
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