KeyBank National Association v. Nour Limo, Inc. et al
| KeyBank National Association, successor by merger to Key Equipment Finance Inc. and KeyBank National Association |
| Nour Limo, Inc., Ragaey Mohamed and Ashraf Saad |
| 1:2022cv01894 |
| April 4, 2022 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Ramon E Reyes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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ORDER REFERRING MOTION: The #23 MOTION for Default Judgment filed by KeyBank National Association is respectfully referred to Magistrate Judge Reyes for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 8/22/2023. (AG)
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ORDER finding as moot #20 Motion for Default Judgment; finding as moot #21 Report and Recommendations -- See docket entry #23 . Ordered by Judge Eric R. Komitee on 8/22/2023. (AG)
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| Filing 23 MOTION for Default Judgment by KeyBank National Association. (Attachments: #1 Affidavit in Support Affirmation of Counsel in Support of Default Judgment, #2 Exhibit Exhibit A for Affirmation of Counsel, #3 Certificate of Service Certificate of Service, #4 Affidavit in Support Affidavit of Facts in Support of Default Judgment, #5 Exhibit Exhibit List for Affidavit of Facts in Support of Default Judgment, #6 Memorandum in Support PLAINTIFF MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT, #7 Proposed Order Proposed Order for Default Judgment, #8 Filed Complaint) (Dubuisson Stokes, Dafney) |
| Filing 22 CERTIFICATE OF SERVICE by KeyBank National Association re #21 REPORT AND RECOMMENDATIONS re #20 MOTION for Default Judgment as to Nour Limo, Inc. and Ashraf Saad filed by KeyBank National Association (Dubuisson Stokes, Dafney) |
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SCHEDULING ORDER: In #21 Report and Recommendation, Plaintiff was directed to serve copies of the Report and Recommendation on Defendants and file proof of service with the Court. Plaintiff has not done so. Plaintiff is directed to file proof of service by 3/14/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/7/2023. (BR)
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Filing 21
REPORT AND RECOMMENDATIONS re #20 MOTION for Default Judgment. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Plaintiff's Motion for Default Judgment be denied without prejudice for failure to comply with local and individual rules, and with leave to renew, granting Plaintiff a final opportunity to file and serve a motion for default judgment in a manner that conforms to all applicable federal, local, and individual rules. Plaintiff is hereby directed to serve copies of this Report and Recommendation upon Defendants by regular and certified mail and to file proof of service with the Clerk of the Court promptly thereafter. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Eric R. Komitee by 2/16/2023. Failure to file timely objections waives the right to appeal the District Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/2/2023. (BR)
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ORDER REFERRING MOTION: The #20 MOTION for Default Judgment filed by KeyBank National Association is respectfully referred to Magistrate Judge Reyes for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 9/1/2022. (Guy, Alicia)
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| Filing 20 MOTION for Default Judgment as to Nour Limo, Inc. and Ashraf Saad by KeyBank National Association. (Attachments: #1 Affirmation of DDS in Support of Motion, #2 Memorandum in Support, #3 Affidavit in Support, #4 Certificate of Service, #5 Proposed Order) (Dubuisson Stokes, Dafney) |
| Filing 19 NOTICE of Voluntary Dismissal by KeyBank National Association as to Ragaey Mohamed ONLY (Dubuisson Stokes, Dafney) |
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ORDER denying #18 Motion for Extension of Time to File. Paragraphs 8-11 and 15 in counsel's affidavit do not establish a sufficient factual predicate to warrant substitute service by publication. The motion is therefore denied without prejudice. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/27/2022. (Reyes, Ramon)
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| Filing 18 Second MOTION for Extension of Time to File to Serve Ragaey Mohamed by KeyBank National Association. (Attachments: #1 Affirmation in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Memorandum in Support, #6 Proposed Order, #7 Certificate of Service) (Dubuisson Stokes, Dafney) |
| Filing 17 Summons Returned Unexecuted by KeyBank National Association as to Ragaey Mohamed. (Dubuisson Stokes, Dafney) |
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ORDER denying #14 Motion for Default Judgment -- A motion for default judgment cannot be granted unless the party adheres to all applicable procedural rules. Plaintiff's motion for default is denied without prejudice, and leave to renew is granted for filing in a manner that complies with all applicable rules, including Judge Komitee's Individual Rules & Practices. The renewed motion shall be filed by August 31, 2022. Ordered by Judge Eric R. Komitee on 8/17/2022. (Guy, Alicia)
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| Filing 16 CERTIFICATE OF SERVICE by KeyBank National Association re #14 MOTION for Default Judgment as to Defendants Nour Limo, Inc. and Ashraf Saad Only Amended Certificate of Service (Dubuisson Stokes, Dafney) |
| Filing 15 AFFIDAVIT/AFFIRMATION re #14 MOTION for Default Judgment as to Defendants Nour Limo, Inc. and Ashraf Saad Only Amended Plaintiff Affidavit of Facts with Corrected Exhibit attached by KeyBank National Association (Dubuisson Stokes, Dafney) |
| Filing 14 MOTION for Default Judgment as to Defendants Nour Limo, Inc. and Ashraf Saad Only by KeyBank National Association. (Attachments: #1 Affidavit in Support by Attorney, #2 Affidavit in Support by Plaintiff, #3 Certificate of Service, #4 Proposed Order) (Dubuisson Stokes, Dafney) |
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ELECTRONIC ORDER granting in part #12 Motion for Extension of Time for Plaintiff to serve the Summons and Complaint upon Defendant Ragaey Mohamed by August 27, 2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/2/2022. (Vertus, Miriam)
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| Filing 13 CERTIFICATE OF SERVICE by KeyBank National Association re #12 MOTION for Extension of Time to File to Serve Defendant Ragaey Mohamed Amended (Dubuisson Stokes, Dafney) |
| Filing 12 MOTION for Extension of Time to File to Serve Defendant Ragaey Mohamed by KeyBank National Association. (Attachments: #1 Attorney Affirmation in Support, #2 Memorandum in Support, #3 Certificate of Service, #4 Proposed Order) (Dubuisson Stokes, Dafney) |
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ORDER granting #11 Motion for Extension of Time to File -- The application is granted. Plaintiff's time to file a motion for default judgment is extended to August 12, 2022. Ordered by Judge Eric R. Komitee on 7/28/2022. (Guy, Alicia)
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| Filing 11 MOTION for Extension of Time to File Motion for Default Judgment by KeyBank National Association. (Dubuisson Stokes, Dafney) |
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ORDER denying #10 Motion for Default Judgment -- A motion for default judgment cannot be granted unless the party adheres to all applicable procedural rules. Plaintiff's motion for default is denied without prejudice, and leave to renew is granted for filing in a manner that complies with all applicable rules. The renewed motion shall be filed by July 29, 2022. Ordered by Judge Eric R. Komitee on 7/15/2022. (Guy, Alicia)
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ELECTRONIC ORDER as to Defendant Ragaey Mohamed: A review of the docket entries in this action indicates that there has been no activity in this case as to Defendant Ragaey Mohamed. No later than July 28, 2022, one of the following events must occur: (a) the parties must file a stipulation extending the defendants time to answer, (b) the plaintiff must file a motion for the entry of a notation of default or (c) the defendants must file an answer. If, none of the preceding events occurs by the deadlines set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. Plaintiffs counsel is directed to provide a copy of this order to his client and to the defendant. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/14/2022. (Vertus, Miriam)
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| Filing 10 MOTION for Default Judgment by KeyBank National Association. (Attachments: #1 Affirmation in Support of Motion for Default Judgment, #2 Exhibit A, #3 Certificate of Service) (Dubuisson Stokes, Dafney) |
| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Nour Limo, Inc., Ashraf Saad has failed to appear or otherwise defend this action, the default of defendant Nour Limo, Inc., Ashraf Saad is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 8 Request for Certificate of Default by KeyBank National Association (Attachments: #1 Affirmation in Support of Request for Certificate of Default, #2 Certificate of Default, #3 Affirmation of Service) (Dubuisson Stokes, Dafney) |
| Filing 7 SUMMONS Returned Executed by KeyBank National Association. Nour Limo, Inc. served on 5/24/2022, answer due 6/14/2022. (Dubuisson Stokes, Dafney) |
| Filing 6 SUMMONS Returned Executed by KeyBank National Association. Ashraf Saad served on 4/20/2022, answer due 5/11/2022. (Dubuisson Stokes, Dafney) |
| 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 Mohamed summons, #2 Saad summons) (Bowens, Priscilla) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Ramon E. Reyes, Jr. 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 Civil Cover Sheet.. Re #1 Complaint,,, by KeyBank National Association, successor by merger to Key Equipment Finance Inc. (Dubuisson Stokes, Dafney) |
| Filing 1 COMPLAINT against Ragaey Mohamed, Nour Limo, Inc., Ashraf Saad filing fee $ 402, receipt number ANYEDC-15438879 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by KeyBank National Association, successor by merger to Key Equipment Finance Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Nour Limo, Inc., #3 Proposed Summons as to Ragey Mohamed, #4 Proposed Summons as Ashraf Saad, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P) (Dubuisson Stokes, Dafney) |
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