Labrys Fund, L.P. v. Two Rivers Water & Farming Company
| Labrys Fund, L.P. |
| Two Rivers Water & Farming Company |
| 1:2020cv11055 |
| June 3, 2020 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Contract: Other |
| 12 U.S.C. ยง 1821 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 EXHIBIT re #9 Memorandum in Support of Motion, for Default Judgment by Labrys Fund, L.P.. (Attachments: #1 Exhibit Executed Note, #2 Exhibit Executed Board Resolution)(Cornell, Timothy) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. After entry of default, "[t]he court... may examine a plaintiff's complaint, taking all well-pleaded factual allegations as true, to determine whether it alleges a cause of action." Ramos-Falcon v. Autoridad De Energia Electrica, 301 F.3d 1, 2 (1st Cir. 2002) (quoting Quirindongo Pacheco v. Rolon Morales, 953 F.2d 15, 16 (1st Cir. 1992)). Here, Plaintiff submitted the promissory note at issue as an exhibit to its complaint, [ECF No. #1 -1], and as an exhibit to its memorandum in support of the motion for default judgment, [ECF No. #9 -1]. In reviewing the note, it appears that the Defendant did not sign or otherwise authenticate the note, or at least such a signature or authentication is not evident on the copies of the note submitted to the court. See [ECF No. #1 -1 at 27; ECF No. #9 -1 at 27]. By August 5, 2020, Plaintiff shall either file an authenticated/signed version of the promissory note, or submit a memorandum of law indicating whether and how the Court may enforce an unsigned promissory note against an alleged debtor. In addition, Plaintiff shall submit a proposed order of default judgment consistent with the Court's standing order on default, [ECF No. #7 ].(McDonagh, Christina) |
| Filing 10 Return receipt received for mail sent to Twin Rivers Water & Farming Company Delivered on 7/7/2020 (McDonagh, Christina) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Default Judgment as to Two Rivers Water & Farming Company filed by Labrys Fund, L.P.. (Attachments: #1 Exhibit Ex A Note, #2 Exhibit Ex B Cornell Declaration)(Cornell, Timothy) |
| Filing 8 MOTION for Default Judgment as to Two Rivers Water & Farming Company by Labrys Fund, L.P..(Cornell, Timothy) |
| Filing 7 Judge Allison D. Burroughs: ORDER entered. STANDING ORDER on motions for default judgment re #6 Notice: Clerk's Entry of Default (McDonagh, Christina) |
| Filing 6 NOTICE: Clerk's ENTRY OF DEFAULT as to Two Rivers Water & Farming Company (McDonagh, Christina) (Main Document 6 replaced on 6/29/2020) (McDonagh, Christina). |
| Filing 5 Request for notice of default by Labrys Fund, L.P. . (Attachments: #1 Exhibit Ex A Proof of Delivery, #2 Affidavit Ex B Cornell Declaration)(Cornell, Timothy) (Attachment 2 replaced on 6/30/2020) (McDonagh, Christina). |
| Filing 4 Notice of Service of Process filed by Labrys Fund, L.P.. Individual(s)/Entities served: Two Rivers Water & Farming Company. (Cornell, Timothy) |
| Filing 3 Summons Issued as to Two Rivers Water & Farming Company. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT against Two Rivers Water & Farming Company Filing fee: $ 400, receipt number 0101-8269029 (Fee Status: Filing Fee paid), filed by Labrys Fund, L.P.. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Cover sheet, #3 Category sheet)(Cornell, Timothy) |
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| Plaintiff: Labrys Fund, L.P. | |
| Represented By: | Timothy M. Cornell |
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| Defendant: Two Rivers Water & Farming Company | |
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