The Netherlands Insurance Company v. Enclave Holdings LLC
| The Netherlands Insurance Company |
| Enclave Holdings LLC |
| 1:2022cv01802 |
| March 31, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Marcia M Henry |
| Contract: Other |
| None |
Docket Report
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Order granting #10 Motion to Substitute Attorney. Attorney Bernard L. Levinthal and the law firm of Goldfein & Joseph, P.C. are terminated from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 05/25/2022. (Heery-Hyatt, Micaela)
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ORDER GRANTING #11 MOTION for Extension of Time to File Answer. The deadline for Defendant to answer or otherwise respond to the Complaint is 06/28/2022. So Ordered by Magistrate Judge Marcia M. Henry on 05/24/2022. (Castro, Ricardo)
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| Filing 11 MOTION for Extension of Time to File Answer by Enclave Holdings LLC. (Attachments: #1 Exhibit Letter re extension of time to respond to complaint) (Rothman, Dennis) |
| Filing 10 MOTION to Substitute Attorney by Enclave Holdings LLC. (Attachments: #1 Declaration in support of substituting Lester Schwab Katz & Dwyer, LLP in place of Goldfein & Joseph, P.C. as defense counsel) (Rothman, Dennis) |
| Email Notification Test for Matthew Kennedy - DO NOT REPLY |
| Filing 9 NOTICE of Appearance by Dennis M. Rothman on behalf of Enclave Holdings LLC (aty to be noticed) (Rothman, Dennis) |
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Order granting #8 Notice of MOTION for Extension of Time to File Answer to Complaint. 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 Enclave Holdings LLC has demonstrated "good cause" as to why Enclave Holdings LLC should be permitted to respond to the Complaint #1 after the deadline. 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 Enclave Holdings LLC has shown that (1) the default was not willful and (2) that Plaintiff would not be prejudiced because it has consented to allowing Defendant to answer. 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 05/24/2022. So Ordered by Magistrate Judge Marcia M. Henry on 05/18/2022. (Heery-Hyatt, Micaela)
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| Filing 8 Notice of MOTION for Extension of Time to File Answer to Complaint by Enclave Holdings LLC. (Levinthal, Bernard) |
| Filing 7 NOTICE of Appearance by Bernard L. Levinthal on behalf of Enclave Holdings LLC (aty to be noticed) (Levinthal, Bernard) |
| Filing 6 AFFIDAVIT/AFFIRMATION of Compliance Pursuant to Limited Liability Company Law 304 by The Netherlands Insurance Company (Attachments: #1 Exhibit Exhibit A- Summons and Complaint, #2 Exhibit Exhibit B - Affidavit of Service, #3 Exhibit Exhibit C - DOS Page, #4 Exhibit Exhibit D - Notice of Process of Service Mailing, #5 Exhibit Exhibit E - Return Receipt) (Kennedy, Matthew) (Main Document 6 replaced on 4/29/2022) (Herrera, Isaiah). |
| Filing 5 SUMMONS Returned Executed by The Netherlands Insurance Company. Enclave Holdings LLC served on 4/12/2022, answer due 5/3/2022. (Kennedy, Matthew) |
| Filing 4 Summons Issued as to Enclave Holdings LLC. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Enclave Holdings LLC, filed by The Netherlands Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Davis, Kimberly) |
| FILING FEE: $ 402.00, receipt number ANYEDC-15428533 (Davis, Kimberly) |
| Case Assigned to Judge Frederic Block 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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| Plaintiff: The Netherlands Insurance Company | |
| Represented By: | Matthew D. Kennedy |
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| Defendant: Enclave Holdings LLC | |
| Represented By: | Bernard L. Levinthal |
| Represented By: | Dennis M. Rothman |
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