J & H Holding Company, LLC et al v. Kloss et al
| Watermark Designs Holdings, LTD, J & H Holding Company, LLC, Watermark Designs, LLC and Watermark Designs LTD. |
| Impact Environmental Remediation, Inc. and Anthony Kloss |
| 1:2012cv05738 |
| November 20, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Robert M Levy |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 15 Mail Returned as Undeliverable. Mail sent to Impact Environmental Remediation, Inc. at 26 Main Street, Flemington, NJ 08822. Postal notation: "Return to Sender. Impact Environmental Moved Left No Address. Unable To Forward. Return To Sender. " Documents returned: a copy of the Clerk's 11/15/13 Judgment w/appeals packet attached. (Latka-Mucha, Wieslawa) |
| Filing 14 CLERK'S JUDGMENT directing that Plaintiffs motion for a default judgment is granted; and that judgment is hereby entered in favor of Plaintiffs J&H Holding Company, LLC,Watermark Designs, LLC, and Watermark Designs Holdings, Ltd. a/k/a Watermark Designs Ltd., and against Defendant Impact Environmental Remediation, Inc., in the amount of $178,770.00. Ordered by Janet Hamilton, Deputy Clerk on 11/15/2013. c/m with appeal pkg (Fernandez, Erica) |
Filing 13
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court grants default judgment in favor of Watermark and against IER, and awards Watermark $146,010 in damages, as well as prejudgment interest to be calculated from May 20, 2011, at the rate of $36 per day, and postjudgment interest to be calculated pursuant to 28 U.S.C. 1961(a). The Clerk of Court is directed to enter judgment and close the case. Ordered by Chief Judge Carol Bagley Amon on 11/13/2013. (fwd for judgment) (Fernandez, Erica)
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Filing 12
REPORT AND RECOMMENDATIONS re #9 MOTION for Default Judgment. I respectfully recommend that plaintiffs motion for a default judgment be granted and that plaintiffs be awarded $146,010 in damages, as well as pre-judgment interest to be calculated from May 12, 2011 through the date of entry of judgment at a rate of $36 per day, and post-judgment interest to be calculated pursuant to 28 U.S.C. 1961(a) (2000). Any objections to this report and recommendation must be filed with the Clerk of the Court, with courtesy copies to Chief Judge Amon and to my chambers, within fourteen days. Failure to file objections within the specified time waives the right to appeal the District Courts order. See 28 U.S.C. 636(b)(1) (2012); Fed. R. Civ. P. 72(a). Objections to R&R due by 9/20/2013. Ordered by Magistrate Judge Robert M. Levy on 9/3/2013. (Levy, Robert)
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| Filing 11 AFFIDAVIT/DECLARATION in Support re #9 MOTION for Default Judgment filed by J & H Holding Company, LLC, Watermark Designs Holdings, LTD, Watermark Designs, LLC. (Attachments: #1 Exhibit) (Villani, Miriam) |
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Filing 10
ORDER: By order dated April 5, 2013, the Hon. Carol Bagley Amon, Chief United States District Judge, referred plaintiffs' motion for a default judgment to me for a report and recommendation. Accordingly, the following schedule will govern: (1) on or before May 31, 2013, plaintiffs are directed to serve and file a detailed submission, with supporting documentation, concerning all of the relief they seek; and (2) defendant may serve and file opposing papers, if any, on or before June 21, 2013. Requests for extensions must be made in writing and received via Electronic Case Filing at least forty-eight (48) hours in advance of the above deadlines. Plaintiffs' counsel is directed to send a copy of this order, via first class mail, to each defendant's business address or address used for service of process within three days of receipt, and to include a certificate of service with their next submission. Ordered by Magistrate Judge Robert M. Levy on 4/10/2013. (Marino, Janine)
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| Filing 9 MOTION for Default Judgment by J & H Holding Company, LLC, Watermark Designs Holdings, LTD, Watermark Designs, LLC. (Attachments: #1 Affidavit in Support) (Villani, Miriam) |
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MOTION REFERRED: Re #9 Motion for Default Judgment against Defendant Impact Environmental Remediation, Inc. is referred to Magistrate Judge Robert M. Levy for report and recommendation. So Ordered by Chief Judge Amon on 4/5/2013. (Liberatore, Marie)
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ORDER granting #8 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 3/28/2013. (Marino, Janine)
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| Filing 8 First MOTION to Adjourn Conference March 29, 2013 by J & H Holding Company, LLC, Watermark Designs Holdings, LTD, Watermark Designs, LLC. (Villani, Miriam) |
| Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Impact Environmental Remediation, Inc. has failed to appear or otherwise defend this action, the default of Defendant Impact Environmental Remediation, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) |
| Filing 7 Request for Certificate of Default by J & H Holding Company, LLC, Watermark Designs Holdings, LTD, Watermark Designs, LLC (Attachments: #1 Affidavit in Support Affidavit in Support, #2 Exhibit Exhibit A Complaint, #3 Exhibit Exhibit B Affidavit of Service, #4 Exhibit Exhibit C Request for Certificate) (Villani, Miriam) |
| Filing 6 SUMMONS Returned Executed by J & H Holding Company, LLC, Watermark Designs, LLC, Watermark Designs Holdings, LTD. Impact Environmental Remediation, Inc. served on 1/8/2013, answer due 1/29/2013. (Villani, Miriam) |
| Case Ineligible for Arbitration (Credle, Rita) |
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Filing 5
ORDER: An initial conference in the above-captioned case has been scheduled for March 29, 2013 at 10:30 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs' counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 1/7/2013. (Marino, Janine)
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| Filing 4 Summons Issued as to Impact Environmental Remediation, Inc., Anthony Kloss. (Davis, Kimberly) |
| CIVIL CASE FILING FEE: $ 350, receipt number 0207-5863021 (Villani, Miriam) |
| Filing 3 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) |
| The case of J & H Holding Company, LLC et al v. Kloss et al, has been opened in the Eastern District of New York. The case number is 12-cv-5738. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) |
| Filing 2 DISCLOSURE of Interested Parties by J & H Holding Company, LLC, Watermark Designs, LLC, Watermark Designs Holdings, LTD. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Impact Environmental Remediation, Inc., Anthony Kloss Disclosure Statement on Civil Cover Sheet completed -No,, filed by J & H Holding Company, LLC, Watermark Designs, LLC, Watermark Designs Holdings, LTD. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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