LG Capital Funding, LLC v. Coroware, Inc.
| LG Capital Funding, LLC |
| Coroware, Inc. |
| 1:2016cv02266 |
| May 5, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Ann M Donnelly |
| Peggy Kuo |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 27, 2018. A more recent docket listing may be available from PACER.
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Filing 27
CLERK'S JUDGMENT: the Plaintiffs request to adopt the original damages calculation for Note 1 as set forth in Judge Kuos Report and Recommendation is denied; and Plaintiff is awarded a total amount of $172,839.42. Signed by Jalitza Poveda Deputy Clerk on behalf of Douglas C. Palmer Clerk of Court on 2/27/2018. (Ramesar, Thameera)
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ORDER: I have reviewed the plaintiff's revised damages calculation #25 , and I deny the plaintiff's request to adopt the original damages calculation for Note 1 as set forth in Judge Kuo's R&R. Under New York law, damages for breach of contract are measured by the "amount necessary to put the plaintiff in the same economic position he would have been in had the defendant fulfilled his contract." Indu-Craft, Inc. v. Bank of Baroda, 47 F.3d 490, 495 (2d Cir. 1995). Thus, my decision to award the plaintiff expectation damages for its January 13, 2016 conversion request puts the plaintiff in the same economic position it would have been in had the defendant made the conversion, and therefore the damages calculation for Note 1 must be amended to account for a reduction of $15,000 in principal and $3,304 in interest. The plaintiff is entitled to the following damages: (1) expectation damages in the amount of $54,912.33 for the January 13, 2016 conversion request; (2) the balance of the principal on the notes plus regular interest, for the total amount of $65,401.76; (3) default interest in the total amount of $36,682.33, calculated at a rate of 24% per year for the 853 days from March 12, 2015 to the date of the R&R; and (4) attorneys' fees and costs in the amount of $5,953. Additional default interest of $43.00 should be added for each day from the date of the filing of the R&R to the date of the filing of the judgment. The Clerk of the Court is respectfully directed to close this case, and enter judgment accordingly. Ordered by Judge Ann M. Donnelly on 1/24/2018. (Ngai, Genny).
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Filing 26
NOTICE by LG Capital Funding, LLC Termination of Counsel (Han, Chris)
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Filing 25
Letter Pursuant to the Court's September 15, 2017 Order by LG Capital Funding, LLC (Kehrli, Kevin)
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SCHEDULING ORDER: Pursuant to my order (ECF 24 at 10, n.2), the plaintiff is to file a letter setting forth a revised damages calculation by October 16, 2017. Ordered by Judge Ann M. Donnelly on 9/15/2017. (Glass, Caitlin)
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Filing 24
DECISION AND ORDER: The plaintiffs motion for default judgment is granted in part as to the breach of contract claim and the request for attomeys' fees and costs, and denied as to the conversion claim. The plaintiff is entitled to the following damages: (1) expectation damages in the amount of $54,912.33, for the the January 13, 2016 conversion request; (2) the balance of the principal onthe notes, plus regular interest, plus default interest of 24% from the default date to the date of the R&R; and (3) attorneys' fees and costs in the amount of $5,953. Additional default interest of $55.04 should be added for each day from the date of the R&R to the date of the judgment. Ordered by Judge Ann M. Donnelly on 9/8/2017. (Greene, Donna)
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Filing 23
OBJECTION to #21 Report and Recommendations filed by LG Capital Funding, LLC. (Kehrli, Kevin)
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Filing 22
CERTIFICATE OF SERVICE by LG Capital Funding, LLC re #21 REPORT AND RECOMMENDATIONS re #19 MOTION for Default Judgment filed by LG Capital Funding, LLC (Kehrli, Kevin)
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Filing 21
REPORT AND RECOMMENDATION: Pursuant to the annexed Report and Recommendation, the undersigned respectfully recommends that the Motion for Default Judgment be granted in part as to the breach of contract claim and the request for attorneys' fees and costs, and denied as to the conversion claim. Plaintiff is directed to serve a copy of this Report and Recommendation on Defendant by certified mail and file proof of service on the docket by July 19, 2017. Any objection to this Report must be filed in writing with the Clerk of Court within fourteen (14) days of service. 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Failure to timely file any such objection waives the right to appeal the District Court's Order. Id. Ordered by Magistrate Judge Peggy Kuo on 7/12/2017. (Syed, Sofie)
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Filing 20
NOTICE of Appearance by Chris Han on behalf of LG Capital Funding, LLC (aty to be noticed) (Han, Chris)
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Filing 19
MOTION for Default Judgment by LG Capital Funding, LLC. (Attachments: #1 Declaration of Joseph Lerman, #2 Declaration of Kevin Kehrli, #3 Exhibit A - Itemized Invoice, #4 Exhibit B - Invoice for Service, #5 Memorandum in Support, #6 Proposed Order, #7 Certificate of Service) (Kehrli, Kevin)
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ORDER RESPECTFULLY REFERRING MOTION #19 for Default Judgment: The plaintiff's motion for default judgment is respectfully referred to Judge Peggy Kuo. Ordered by Judge Ann M Donnelly on 1/17/2017. Motions respectfully referred to Judge Peggy Kuo. (Glass, Caitlin)
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Filing 18
SUMMONS Returned Executed by LG Capital Funding, LLC. Coroware, Inc. served on 5/9/2016, answer due 5/30/2016. (Kehrli, Kevin)
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Filing 17
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Coroware, Inc. has failed to appear or otherwise defend this action, the default of Defendant Coroware, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 16
Request for Certificate of Default by LG Capital Funding, LLC (Attachments: #1 Declaration, #2 Exhibit Proposed Certificate) (Kehrli, Kevin)
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Filing 15
ORDER granting #13 Motion for Permission to Request Certificate of Default. For the reasons stated in the annexed Order, the Court now grants Plaintiffs motion at #13 for permission to request a Certificate of Default against Defendant Coroware, Inc. from the Clerk of the Court. Ordered by Magistrate Judge Peggy Kuo on 12/19/2016. A copy of the annexed Order will be mailed to Defendant Coroware, Inc.(Shterngel, Max)
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Filing 14
ORDER TO SHOW CAUSE: As stated in the annexed Order to Show Cause, Defendant Coroware, Inc. is ordered to show cause by December 12, 2016 why it has not retained new counsel in this action or communicated to the Court to date about its efforts to retain new counsel, and to show cause why the Court should not permit Plaintiff to request a Certificate of Default against Defendant under Rule 55(a) of the Federal Rules of Civil Procedure. A copy of the annexed Order to Show Cause, together with a copy of Plaintiff's letter at #13 , is being mailed to the attention of Lloyd Spencer, a representative of Coroware, Inc. Ordered by Magistrate Judge Peggy Kuo on 11/28/2016. (Shterngel, Max)
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Filing 13
MOTION for Permission to Request Certificate of Default re #12 Order on Motion to Withdraw as Attorney, Telephone Conference, Set Deadlines,,,,,, and Defendant's Default by LG Capital Funding, LLC. (Kehrli, Kevin). Modified on 12/19/2016 to reflect that this is a motion for permission to request a certificate of default. (Shterngel, Max).
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Filing 12
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Telephone Motion Hearing held on 11/8/2016 and ORDER granting #9 Motion to Withdraw. Attorney Kevin Kehrli appeared on behalf of Plaintiff. Attorney Richard H. Klauber appeared on behalf of Defendant and for movant Klauber Law, LLC. A representative of Defendant Coroware, Inc. was ordered to appear by telephone, but did not appear. The Court granted the motion to withdraw by counsel for Defendant Klauber Law, LLC. The Court's Order and minutes of the hearing are attached, and are being mailed to Defendant Coroware, Inc. (Tape #: 12:42-12:47.) (Shterngel, Max)
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Filing 11
SCHEDULING ORDER: The annexed Scheduling Order sets a telephone hearing on the motion at #9 to withdraw as counsel for Defendant Coroware, Inc. for November 8, 2016 at 12:30 p.m. EST. before Magistrate Judge Peggy Kuo. Defendant's counsel is directed to forward the annexed Scheduling Order to Defendant. Ordered by Magistrate Judge Peggy Kuo on 11/4/2016. (Shterngel, Max)
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Filing 9
MOTION to Withdraw as Attorney by Coroware, Inc.. (Klauber, Richard)
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Filing 10
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Telephone Status Conference held on 11/3/2016. Attorney Kevin Kehrli appeared on behalf of Plaintiff. Attorney Richard H. Klauber appeared on behalf of Defendant. In light of concerns raised by Defendant's counsel about his continued representation of his client, the settlement conference scheduled for November 8, 2016 is adjourned sine die. The Court grants leave to Defendant's counsel to promptly file a letter motion to withdraw as counsel. Plaintiff's counsel stated that Plaintiff does not object to the motion to withdraw as long as it does not significantly delay this case. A telephone hearing on the motion to withdraw is scheduled for November 8, 2016 at 12:30 p.m. EST before Magistrate Judge Peggy Kuo. Defendant's counsel shall initiate the call, with Plaintiff's counsel on the line if he wishes, by calling Chambers at 718-613-2400. A representative of Defendant Coroware, Inc. with authority over this lawsuit is ordered to call Chambers at 718-613-2400 at 12:30 p.m. EST / 9:30 a.m. PST. to participate in the telephone hearing on the motion to withdraw as counsel for Defendant. Defendant's counsel is directed to forward this Minute Entry and Order to Defendant, and to attempt to make contact with his client to apprise it of the Court's Order. (Tape #: 9:34-9:44.) (Shterngel, Max)
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Filing 8
Letter re: Settlement Submissions by LG Capital Funding, LLC (Kehrli, Kevin)
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SCHEDULING ORDER: A telephone conference is scheduled for November 3, 2016 at 9:30 a.m. to discuss the letter at #8 . Plaintiff's counsel shall initiate the call, with Defendant's counsel on the line, by calling Chambers at 718-613-2400. Ordered by Magistrate Judge Peggy Kuo on 11/2/2016. (Shterngel, Max)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Settlement Conference scheduled for October 18, 2016 is rescheduled to November 8, 2016 at 10:30 AM in Courtroom 322 North before Magistrate Judge Peggy Kuo. Confidential settlement statements are due to Chambers by November 1, 2016. Ordered by Magistrate Judge Peggy Kuo on 10/5/2016. (Riquelme, Claudia)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Settlement Conference scheduled for October 19, 2016 is rescheduled to October 18, 2016 at 10:00 a.m. in Courtroom 322 North before Magistrate Judge Peggy Kuo. Each party's confidential, ex parte settlement statement is due to Chambers by October 13, 2016. Ordered by Magistrate Judge Peggy Kuo on 9/30/2016. (Feldman, Shira)
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Filing 7
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 8/24/2016. Attorney Kevin Kehrli appeared on behalf of plaintiff. Attorney Richard H. Klauber appeared on behalf of defendant. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on October 19, 2016 at 2:00 pm in Courtroom 322 North, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present or available by phone. The parties were directed to submit confidential settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by October 14, 2016. (Tape #12:05-12:18.) (Riquelme, Claudia)
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Filing 6
SCHEDULING ORDER: An initial conference will be held in this case on August 24, 2016 at 12:00 p.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 322 North of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions, and are required to bring to the conference a completed copy of the attached proposed Initial Scheduling Order, a pdf-fillable version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-schedo.pdf. Any request for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference. Ordered by Magistrate Judge Peggy Kuo on 7/19/2016. (Attachments: #1 Proposed Initial Scheduling Order form) (Shterngel, Max)
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Filing 5
ANSWER to Complaint by All Defendants. (Klauber, Richard)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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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. (Bowens, Priscilla)
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Filing 2
Summons Issued as to Coroware, Inc.. (Bowens, Priscilla)
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Case assigned to Judge Ann M Donnelly and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
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Filing 1
COMPLAINT against Coroware, Inc. filing fee $ 400, receipt number 0207-8586815 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LG Capital Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet, #9 Proposed Summons) (Kehrli, Kevin)
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| Defendant: Coroware, Inc. | |
| Represented By: | Richard H. Klauber |
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| Plaintiff: LG Capital Funding, LLC | |
| Represented By: | Chris Han |
| Represented By: | Kevin Kehrli |
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