Bacarella Transportation Services, Inc. v. Pro-X Logistics, LLC et al
| Bacarella Transportation Services, Inc. doing business as BTX Global Logistics |
| Pro-X Logistics, LLC and Ivica Ilic |
| 3:2023cv01053 |
| August 7, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| S Dave Vatti |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 21
ORDER REFERRING CASE to Magistrate Judge S. Dave Vatti for a ruling on #20 Second MOTION for Default Judgment as to Pro-X Logistics, LLC and Ivica Ilic. Signed by Judge Sarala V. Nagala on 9/28/2023.Motions referred to S. Dave Vatti(Bozek, M.)
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| Filing 20 Second MOTION for Default Judgment as to Pro-X Logistics, LLC and Ivica Ilic by Bacarella Transportation Services, Inc.. (Attachments: #1 Memorandum in Support)(Lowry, Houston) |
| ** Motion for default judgment due by 10/2/2023. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed. (Bozek, M.) |
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Filing 19
ORDER denying without prejudice #18 motion for default judgment. After the Court entered a default against defendants due to their failure to appear after proof of service was filed, Plaintiff filed a motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(1), contending that judgment should enter in the amount of $125,000. ECF No. 18 at 1. Although default was entered, see ECF No. 17, default entry merely "constitutes an admission of the allegations in the complaint"; default entry "does not admit any conclusions of law alleged therein, nor establish the legal sufficiency of any cause of action." 451 Marketing, LLC v. Namco, LLC, No. 3:17-cv-1927 (MPS), 2019 WL 11894409, at *2 (D. Conn. Sept. 30, 2019) (internal quotation marks and citation omitted). When considering a motion for default judgment, the Court must "consider whether the unchallenged facts constitute a legitimate cause of action." Id. (internal quotation marks and citations omitted). Here, Plaintiff has not filed a memorandum of law in support of its motion for default judgment, nor has it otherwise provided any legal analysis to support the theories of liability set forth in the complaint. As noted, while an entry of default admits the well-pleaded factual allegations of the complaint, it does not establish liability if the complaint does not adequately plead a plausible claim. Plaintiff has provided no analysis showing that the allegations are sufficient, when admitted, to establish liability. Plaintiff's motion also does not establish why it is entitled to a default judgment in the full amount of $125,000, when only seven to eight months of payments have been missed to date. Plaintiff may refile a motion for default judgment, properly supported by a memorandum of law, by October 2, 2023. Signed by Judge Sarala V. Nagala on 9/19/2023.(Piccolo, Marissa)
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| Filing 18 MOTION for Default Judgment as to Pro-X Logistics, LLC and Ivica Ilic by Bacarella Transportation Services, Inc.. (Lowry, Houston) |
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Filing 17
ORDER granting #13 Motion for Default Entry 55(a) as to Pro-X Logistics, LLC and Ivica Ilic. Motion for default judgment due by 10/18/2023. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed. Signed by Clerk on 9/18/2023. (Bozek, M.)
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| Filing 16 Supplemental SUMMONS Returned Executed by Bacarella Transportation Services, Inc.. (Lowry, Houston) |
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Filing 15
ORDER. The Court notes that the affidavits of service at ECF No. 9 are obscured by mailing receipts. To determine whether service was properly made, the Court orders Plaintiff to resubmit the affidavits of service filed at ECF No. 9 by September 29, 2023. Signed by Judge Sarala V. Nagala on 9/15/2023.(Piccolo, Marissa)
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| Filing 14 First AFFIDAVIT of Debt Signed By Timothy McElroy filed by Bacarella Transportation Services, Inc.. (Cristofaro, Elizabeth) |
| Filing 13 MOTION for Default Entry 55(a) as to Pro-X Logistics, LLC and Ivica Ilic by Bacarella Transportation Services, Inc.. (Lowry, Houston) |
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Filing 12
ORDER RE DEFENDANTS' FAILURE TO ANSWER OR TIMELY RESPOND TO COMPLAINT. Defendants were required to answer or otherwise respond to Plaintiff's complaint by September 8, 2023. See ECF No. 9. Accordingly, given Defendant's failure to timely file an answer or other response to the complaint, the Court directs Plaintiff to move for entry of a default against Defendants pursuant to Fed. R. Civ. P. 55(a) on or before October 2, 2023. Failure to do so will result in the Court dismissing the case for failure to prosecute. See D. Conn. L. Civ. R. 41(a). In the event that either Defendant chooses in the interim to file an answer or other response to the complaint, that Defendant shall also file a motion for extension of time nunc pro tunc stating why there is good cause for its failure to comply with the scheduling requirements of the Court and the Federal Rules of Civil Procedure. Signed by Judge Sarala V. Nagala on 9/11/2023.(Piccolo, Marissa)
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| Filing 11 AFFIDAVIT re: Ivica Ilic Signed By Houston Putnam Lowry filed by Bacarella Transportation Services, Inc.. (Lowry, Houston) |
| Filing 10 AFFIDAVIT re: Pro-X Logistics, LLC Signed By Houston Putnam Lowry filed by Bacarella Transportation Services, Inc.. (Lowry, Houston) |
| Filing 9 SUMMONS Returned Executed by Bacarella Transportation Services, Inc.. Ivica Ilic served on 8/18/2023, answer due 9/8/2023; Pro-X Logistics, LLC served on 8/18/2023, answer due 9/8/2023. (Lowry, Houston) |
| Filing 8 NOTICE of Appearance by Elizabeth M. Cristofaro on behalf of Bacarella Transportation Services, Inc. (Cristofaro, Elizabeth) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Ivica Ilic, Pro-X Logistics, LLC* with answer to complaint due within *21* days. Attorney *Houston Putnam Lowry* *Ford & Paulekas, LLP* *280 Trumbull Street - Suite 2200, Ste 2200* *Hartford, CT 06103*. (Bozek, M.) |
| Filing 6 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 #4 Electronic Filing Order, 2 Notice re: Disclosure Statement, #3 Order on Pretrial Deadlines, #5 Standing Protective Order, #1 Complaint, filed by Bacarella Transportation Services, Inc. Signed by Clerk on 8/9/2023.(Bozek, M.) |
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 8/7/2023.(Bozek, M.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 8/7/2023.(Bozek, M.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 10/6/2023. Discovery due by 2/6/2024. Dispositive Motions due by 3/12/2024. Signed by Clerk on 8/7/2023.(Bozek, M.)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a 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 8/7/23.(Hushin, Z.) |
| Judge Sarala V. Nagala and Judge S. Dave Vatti added. (Freberg, B) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7440851.), filed by Bacarella Transportation Services, Inc.. (Attachments: #1 Civil Action Cover Sheet, #2 FRCP 7.1 Corporate Disclosure Statement)(Lowry, Houston) |
| Request for Clerk to issue summons as to All Defendants. (Lowry, Houston) |
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