Nilsen v. SJV International Group, Inc. et al
| Robert Nilsen |
| SJV International Group, Inc., Steven Vazquez and SJV International Group, Inc. doing business as Go Legal Digital Agency |
| 3:2023cv00392 |
| March 29, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| S Dave Vatti |
| Contract: Other |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| Plaintiff |
Docket Report
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| Filing 20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Hearing on #18 Amended Motion for Default Judgment set for August 10, 2023 at 10:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Chambers, Jillian) |
Filing 19
ORDER re #18 Amended Motion for Default Judgment. "It is well established that a party is not entitled to a default judgment as of right; rather the entry of a default judgment is entrusted to the sound judicial discretion of the court." Cablevision of S. Conn. Ltd. Partnership v. Smith, 141 F.Supp.2d 277, 281 (D. Conn. 2001) (internal quotation marks omitted) (citing Shah v. N.Y. State Dep't of Civil Serv., 168 F.3d 610, 615 (2d Cir. 1999)). In civil cases, however, "where a party fails to respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party." Bermudez v. Reid, 733 F.2d 18, 21 (2d Cir. 1984). Here, Plaintiff is entitled to an entry of default judgment in light of Defendants' failure to appear. In determining damages, "[t]he outer bounds of recovery allowable are of course measured by the principle of proximate cause. The default judgment d[oes] not give [plaintiff] a blank check to recover from [defendant] any losses it had ever suffered from whatever source. It could only recover those damages arising from the acts and injuries pleaded...." Greyhound Exhibit Group, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 15859 (2d Cir. 1992). In making this determination and evaluating the allegations asserted against the defendant, the Court may "deem[ ] all the well-pleaded allegations in the pleadings to be admitted" by the defendant. Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 108 (2d Cir. 1997). The Court observes that the federal statutes cited by Plaintiff for his breach of contract and breach of fiduciary duty claims do not provide any basis for the causes of action he purports to bring. As such, the Court construes the Complaint as alleging common law breach of contract, breach of fiduciary duty, and tortious interference with contractual and economic relations claims pursuant to the Court's diversity jurisdiction. Connecticut common law provides the elements for all three causes of action and the Court must independently assess whether the allegations deemed admitted support the claims asserted in the Complaint. Accordingly, the Court shall convene a hearing on #18 Amended Motion for Default Judgment on August 10, 2023 at 10:00 AM. Plaintiff shall be prepared to present the legal, factual, and evidentiary basis for his claims and damages. See Fed. R. Civ. P. 55(b)(2). A calendar entry with details for the hearing will be separately docketed. Signed by Judge Kari A. Dooley on 5/23/2023. (Chambers, Jillian)
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| Filing 18 Amended MOTION for Default Judgment and Order as to SJV International Group, INC; dba/ Go Legal Digital Agency; Steven Vazquez in his individual and his official capacity by Robert Nilsen. (Nilsen, Robert) |
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Filing 17
ORDER re #16 Summons Returned Executed. The Court construes the #16 Amended Return of Service as a renewed motion for default entry under Fed. R. Civ. P. 55(a). This motion is granted. A motion for default judgment pursuant to Fed. R. Civ. P. 55(b) shall be filed by June 15, 2023. Failure to file such a motion shall result in dismissal of this action by the Clerk pursuant to Fed. R. Civ. P. 41(b) without further notice from the Court. Signed by Judge Kari A. Dooley on 5/16/2023. (Chambers, Jillian)
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| Filing 16 SUMMONS Returned Executed by Robert Nilsen. (Nilsen, Robert) |
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Filing 15
ORDER denying #14 Motion for Default Judgment. First, an order of default must enter before a motion for default judgment is appropriate. See Fed. R. Civ. Pro. 55(a). Second, default is not appropriate at this time because the Court cannot discern whether service was proper. Plaintiff avers that he has effectuated service on Defendants SJV International Group, Inc. and Steven Vasquez. Plaintiff cites to a receipt for a certified mailing dated April 10, 2023. See ECF No. 13. However, neither the receipt nor the Return of Service reveals the content of the parcel purportedly served, and accordingly, it is not apparent to the Court that Defendants have received the summons and a copy of the Complaint as required under Rule 4. The #14 Motion is therefore denied without prejudice. Plaintiff may renew his motion upon the filing of an amended proof of service that specifies precisely what was sent to Defendants by certified mail. Signed by Judge Kari A. Dooley on 5/4/2023. (Chambers, Jillian)
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| Filing 14 First MOTION for Default Judgment as to SJV International Group;INC DBA/ Go Legal Agency; Steven Vazquez in his individual and his official capacity by Robert Nilsen. (Nilsen, Robert) |
| Filing 13 SUMMONS Returned Executed by Robert Nilsen. SJV International Group, Inc. served on 4/10/2023, answer due 5/1/2023; Steven Vazquez served on 4/10/2023, answer due 5/1/2023. (Fanelle, N.) |
| Filing 12 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Robert Nilsen, #8 Order on Pretrial Deadlines, #3 Consent to Electronic Notice filed by Robert Nilsen, 6 Order on Motion for Order, #9 Protective Order, #10 Electronic Filing Order, #2 Appearance Self Represented Party filed by Robert Nilsen, 5 Notice re: Disclosure Statement,, #4 MOTION for by Self-Represented Litigant to Participate in Electronic Filing Order filed by Robert Nilsen Signed by Clerk on 3/30/2023. (Fanelle, N.) |
| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *SJV International Group, Inc., Steven Vazquez* with answer to complaint due within *21* days. *Robert Nilsen* *43 Allison Way* *East Haven, CT 06512*. (Fanelle, N.) |
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Filing 7
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Kari A. Dooley on 3/30/2023.(Gould, K.)
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Filing 6
ORDER granting #4 MOTION by Self-Represented Litigant to Participate in Electronic Filing. Signed by Judge Kari A. Dooley on 3/30/2023. (Gould, K.)
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Filing 10
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 3/29/2023. (Fanelle, N.)
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 3/29/2023. (Fanelle, N.)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 5/28/2023 Discovery due by 9/28/2023 Dispositive Motions due by 11/2/2023 Signed by Clerk on 3/29/2023. (Fanelle, N.)
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| Filing 5 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 3/29/2023.(Chartier, AnnMarie) |
| Filing 4 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Robert Nilsen. (Chartier, AnnMarie) |
| Filing 3 Consent to Electronic Notice by Robert Nilsen (Chartier, AnnMarie) |
| Filing 2 Appearance Self Represented Party by Robert Nilsen (Chartier, AnnMarie) |
| Filing 1 COMPLAINT against SJV International Group, Inc. and Steven Vazquez, filed by Robert Nilson. (Attachments: #1 Civil Cover Sheet, #2 Demand for Trial by Jury)(Chartier, AnnMarie) |
| Request for Clerk to issue summons as to SJV International Group, Inc. and Steven Vazquez. (Chartier, AnnMarie) |
| Filing fee received from Robert Nilsen: $ 402.00, receipt number TBD (Chartier, AnnMarie) |
| Judge Kari A. Dooley and Judge S. Dave Vatti added. (Freberg, B) |
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