American European Insurance Company v. Tri State Plumbing & Heating Inc. et al
| American European Insurance Company |
| Anita Bhola, Tri State Plumbing & Heating Inc., Yong Chen and Domingo Jerez |
| 1:2021cv00725 |
| February 10, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Peggy Kuo |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Document Text |
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| Filing 14 AFFIDAVIT of Service for Notice of Motion, Declaration of Steven Verveniotis, Affidavit in Support of Motion for a Default Judgment, Memorandum of Law in Support of American European Insurance Company's Motion for Default Judgment served on Tri-State Plumbing and Heating Inc., Yong Chen, Anita Bhola, and Domingo Jerez on April 8, 2021, filed by American European Insurance Company. (Verveniotis, Steven) |
| Filing 13 MOTION for Default Judgment by American European Insurance Company. (Attachments: #1 Declaration Declaration of Steven Verveniotis, #2 Exhibit A - Complaint, #3 Exhibit B - Summons, #4 Exhibit C - AOS - Jerez, #5 Exhibit D - AOS - Yong Chen, #6 Exhibit E - AOS - Anita Bhola, #7 Exhibit F - AOS - Tri State Plumbing, #8 Exhibit G - Certificate of Default, #9 Affidavit Affidavit in Support of Motion for a Default Judgment, #10 Exhibit A - AEIC Policy, #11 Exhibit B - Umbrella Policy, #12 Exhibit C - Jerez Action Summons, #13 Exhibit D - Notice of Claim, #14 Exhibit E - Tri State Answer in Jerez Action, #15 Exhibit F - Jerez Verified BOP, #16 Exhibit G - Disclaimer Letter, #17 Memorandum in Support Memorandum of Law in Support of American European Insurance Company's Motion for Default Judgment) (Verveniotis, Steven) |
| Filing 12 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Anita Bhola, Yong Chen, Domingo Jerez, Tri State Plumbing & Heating Inc. has failed to appear or otherwise defend this action, the default of defendant Anita Bhola, Yong Chen, Domingo Jerez, Tri State Plumbing & Heating Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 11 Letter to Honorable Peggy Kuo in Response to March 26, 2021 Order to Show Cause by American European Insurance Company (Verveniotis, Steven) |
| Filing 10 Request for Certificate of Default by American European Insurance Company (Attachments: #1 Declaration Declaration in Support of Request for Certificate of Default, #2 Exhibit Ex. A - Complaint, #3 Exhibit Ex. B - Summons, #4 Exhibit Ex. C - AOS - Tri State Plumbing and Heating Inc., #5 Exhibit Ex. D - AOS - Yong Chen, #6 Exhibit Ex. E - AOS - Anita Bhola, #7 Exhibit Ex. F - AOS - Jerez, #8 Proposed Clerk's Certificate of Default) (Verveniotis, Steven) |
Order to Show Cause: Plaintiff is ordered to file a status report or show cause by April 2, 2021 why Plaintiff has not moved for default judgment in this action. Plaintiff is directed to Local Civil Rule 55.2(a)-(c). Plaintiff must first request a certificate of default against the defaulting party from the Clerk of Court. See Local Civ. R. 55.2(a). Then, Plaintiff may move the court for default judgment. The Court will not consider a motion for default judgment without a certificate of default appended to the motion. See Local Civ. R. 55.2(b). Any motion papers shall include (1) a notice of motion; (2) a memorandum of law; and (3) supporting affidavits and exhibits. See Local Civ. R. 7.1. Plaintiff is reminded that it remains Plaintiffs burden to demonstrate the well-pleaded allegations in the Complaint and establish Defendants liability on each asserted cause of action. See BH99 Realty, LLC v. Qian Wen Li, No. 10-CV-0693 (FB) (JO), 2011 WL 1841530, at *3 (E.D.N.Y. Mar. 16, 2011), R&R adopted, 2011 WL 1838568 (E.D.N.Y. May 13, 2011). Plaintiff also "bears the burden of presenting proof of damages, which may take the form of documentary evidence and detailed affidavits." Pompey v. 23 Morgan II, LLC, 16-CV-2065 (ARR)(PK), 2017 WL 110272, at *4 (E.D.N.Y. Feb. 13, 2017). Ordered by Magistrate Judge Peggy Kuo on 3/26/2021. (O'Neil-Berven, Ryan)
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| Filing 9 SUMMONS Returned Executed by American European Insurance Company. Domingo Jerez served on 2/19/2021, answer due 3/12/2021. (Verveniotis, Steven) |
| Filing 8 SUMMONS Returned Executed by American European Insurance Company. Anita Bhola served on 2/22/2021, answer due 3/15/2021. (Verveniotis, Steven) |
| Filing 7 SUMMONS Returned Executed by American European Insurance Company. Yong Chen served on 2/22/2021, answer due 3/15/2021. (Verveniotis, Steven) |
| Filing 6 SUMMONS Returned Executed by American European Insurance Company. Tri State Plumbing & Heating Inc. served on 2/24/2021, answer due 3/17/2021. (Verveniotis, Steven) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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) |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Jerez summons, #2 Chen summons, #3 Bhola summons) (Bowens, Priscilla) |
| Case Assigned to Chief Judge Margo K. Brodie 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) |
| Filing 2 Corporate Disclosure Statement by American European Insurance Company identifying Other Affiliate Rutgers Casualty Insurance Company for American European Insurance Company. (Verveniotis, Steven) |
| Filing 1 COMPLAINT against Anita Bhola, Yong Chen, Domingo Jerez, Tri State Plumbing & Heating Inc. filing fee $ 402, receipt number ANYEDC-14127287 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by American European Insurance Company. (Attachments: #1 Proposed Summons Proposed Summons for Tri State Plumbing & Heating Inc., #2 Proposed Summons Proposed Summons for Young Chen, #3 Proposed Summons Proposed Summons for Anita Bhola, #4 Proposed Summons Proposed Summons for Domingo Jerez, #5 Civil Cover Sheet Civil Cover Sheet) (Verveniotis, Steven) |
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