Goldfine v. Schreiber et al
| Yitzhak Goldfine |
| Herman Schreiber and John Does 1-10 |
| 1:2022cv00348 |
| January 21, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Kiyo A Matsumoto |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Order granting #10 : Motion for Extension of Time to File Answer. Defendant Herman Schreiber requests an extension of time to answer or otherwise respond to the Complaint. According to the executed summons at #7 , the deadline to respond was 2/17/2022. The Court has considered Defendant's motion #10 which reports Plaintiff's consent to the extension of Defendant's deadline to answer. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendant has demonstrated "good cause" as to why it should be permitted to respond to the Complaint after the deadline and why any default should be vacated. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, Defendant has shown that (1) the default was not willful and (2) that Plaintiff would not be prejudiced by vacating the default. In light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendant's deadline to answer or otherwise respond to the Complaint is 04/05/2022. So Ordered by Magistrate Judge Marcia M. Henry on 03/22/2022. (Heery-Hyatt, Micaela)
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| Filing 10 MOTION for Extension of Time to File Answer re Order,,, extension of time to respond to Complaint by Herman Schreiber. (Doberman, Jeremy) |
| Filing 9 NOTICE of Appearance by Jeremy M. Doberman on behalf of Herman Schreiber (aty to be noticed) (Doberman, Jeremy) |
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Order re #8 : Defendant Herman Schreiber ("Schreiber") was served with the summons and complaint on 01/27/2022; the deadline to answer or otherwise respond to the complaint was 02/17/2022. (ECF No. #7 .) On 02/25/2022, after the deadline to answer had lapsed, Defendant Schreiber and Plaintiff filed a stipulation extending Defendant Schreibers time to answer. (ECF No. #8 .) Accordingly, Defendants shall file a letter (not to exceed three pages) by 03/08/2022 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 Marcia M. Henry on 03/02/2022. (Heery-Hyatt, Micaela)
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| Filing 8 STIPULATION re #7 Summons Returned Executed, #1 Complaint,,,, extension of time to respond to Complaint by Herman Schreiber (Doberman, Jeremy) |
| Filing 7 SUMMONS Returned Executed by Yitzhak Goldfine. Herman Schreiber served on 1/27/2022, answer due 2/17/2022. (Rader, Adam) |
| Filing 6 Summons Issued as to Herman Schreiber. (Davis, Kimberly) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 3 Proposed Summons. Re #1 Complaint,,,, by Yitzhak Goldfine (Rader, Adam) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,,,, by Yitzhak Goldfine (Rader, Adam) |
| Filing 1 COMPLAINT against Yitzhak Goldfine, Herman Schreiber filing fee $ 402, receipt number ANYEDC-15213721 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Yitzhak Goldfine. (Attachments: #1 Exhibit A - February 22, 2009 Article, #2 Exhibit B - May 3, 2009 Article, #3 Exhibit C - August 31, 2000 Article, #4 Exhibit D - October 19, 2001 Article, #5 Exhibit E - May 14, 2000 Article, #6 Exhibit F - March 30, 2000 Article, #7 Exhibit G - March 5, 2009 Article, #8 Exhibit H - September 5, 2012 Article, #9 Exhibit I - January 2010 Article, #10 Exhibit J - April 10, 2011 Article, #11 Exhibit K - March 3, 2019 Order of Discontinuance, #12 Exhibit L - February 2, 2010 Letter, #13 Exhibit M - February 2, 2010 Letter, #14 Exhibit N - February 2, 2010 Letter, #15 Exhibit O - April 12, 2016 Letter, #16 Exhibit P - April 30, 2016 Letter, #17 Exhibit Q - March 13, 2018, Jerusalem District Court Minutes, #18 Exhibit R - July 5, 2018, Jerusalem District Court Minutes, #19 Exhibit S - Questionnaire, #20 Exhibit T - Slonim Affidavit) (Rader, Adam) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Marcia M. Henry. 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. (Davis, Kimberly) |
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