Miller et al v. Nicholas et al
| US Gearbox Repair, Machinery Equipment Rebuilders and Paul Miller |
| Nick Nicholas, Gerald J Brown, Tina Leo, Frank Nicholas, Eastern Torque Services, Abraham Leo and Hard Chrome Solutions |
| 1:2020cv05230 |
| October 29, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Anti-Trust |
| 15 U.S.C. ยง 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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ORDER: The Motion to Extend Time to File an Answer #10 is granted. Defendants Frank Nicholas, Nick Nicholas, Abraham Leo, Tina Leo, Eastern Torque Services, and Hard Chrome Solution LLC have established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendants have established that the default was not willful. See Kaisha v. Train Wreck Ltd. Liab. Co., No. 17-CV-3625, 2018 WL 4103582, at *3 (E.D.N.Y. May 29, 2018) ("[T]he court may find a default to have been willful where the conduct of counsel or the litigant was egregious and was not satisfactorily explained." (quotation omitted)). Defendants are prepared to promptly file an answer to the Complaint and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendants are directed to file their answer by 1/4/2021. The Motions #7 and #8 are denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/24/2020. (Farrell, Gillian)
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| Filing 10 Notice of MOTION to Vacate Order,,, by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (Attachments: #1 Declaration, #2 Exhibit A, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit A, #7 Memorandum in Support) (MacMull, Joel) |
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Filing 9
SCHEDULING ORDER: An initial/telephone conference will be held at 12:00 P.M. on 3/5/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:00 P.M. conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 3/5/2021 Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/22/2020. (Manson, Eddie)
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| Filing 8 Letter MOTION for Extension of Time to File Response to the Complaint (Corrected) by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (Attachments: #1 Exhibit A, #2 Exhibit B) (MacMull, Joel) |
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ORDER: On December 15, 2020, Defendants Frank Nicholas, Nick Nicholas, Abraham Leo, Tina Leo, Eastern Torque Services and Hard Chrome Solutions moved to extend the time to answer, move, or otherwise respond to the Complaint #1 . Assuming proper service, the defendants' answers were due between November 23, 2020 and November 25, 2020, for the respective defendants. Defendants challenge whether service was proper but state they are willing to waive personal jurisdiction defenses in exchange for an opportunity to answer. Defendants must file a motion by 12/23/2020 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 12/16/2020. (Farrell, Gillian)
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| Filing 7 MOTION for Extension of Time to File a Response to the Complaint by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (Attachments: #1 Exhibit A, #2 Exhibit B) (MacMull, Joel) |
| Filing 6 NOTICE of Appearance by Joel Geoffrey MacMull on behalf of All Defendants (aty to be noticed) (MacMull, Joel) |
| Filing 5 Request for Certificate of Default by Paul Miller (Attachments: #1 Attorney Affirmation in Support of Request.) (Dayan, Albert) |
| Filing 4 SUMMONS Returned Executed by Machinery Equipment Rebuilders, Paul Miller. Tina Leo served on 11/3/2020, answer due 11/24/2020; Frank Nicholas served on 11/2/2020, answer due 11/23/2020; Nick Nicholas served on 11/4/2020, answer due 11/25/2020. (Dayan, Albert) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-13607138 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Paul Miller. (Attachments: #1 Civil Cover Sheet) (Dayan, Albert) Modified on 10/30/2020 (Bowens, Priscilla). |
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