Finkelstein v. Bical
| Stuart H Finkelstein |
| Lilaahar Bical |
| 1:2023cv00049 |
| January 4, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
Docket Report
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ORDER: The Motion for Extension of Time to File #11 is hereby granted. The deadline for Defendant to file a motion pursuant to Enron Oil Corp. is extended to 3/14/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/28/2023. (MD)
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| Filing 12 RESPONSE to Motion re #11 First MOTION for Extension of Time to File Motion to Vacate Default and Accept Answer filed by Stuart H Finkelstein. (Finkelstein, Stuart) |
| Filing 11 First MOTION for Extension of Time to File Motion to Vacate Default and Accept Answer by Lilaahar Bical. (Mandel, Scott) |
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ORDER: Defendant has filed an Answer #10 dated 2/13/2023. The deadline for Defendant to respond to the Complaint was 2/10/2023. Because Defendant is seeking to extend the time to answer after the time to do so has passed, Defendant must file a motion by 2/28/2023 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) ("If an answer is filed late, the court may treat the issue as one of default. See 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.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 2/14/2023. (MD)
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| Filing 10 ANSWER to Complaint by Lilaahar Bical. (Mandel, Scott) |
| Filing 9 Letter by Stuart H Finkelstein (Finkelstein, Stuart) |
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ORDER: The Motion for Extension of Time to Answer #8 is hereby granted. The deadline for Defendant to answer, move, or otherwise respond to the Complaint is extended to 2/10/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/25/2023. (MD)
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| Filing 8 First MOTION for Extension of Time to File Answer by Lilaahar Bical. (Mandel, Scott) |
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Filing 7
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 03/31/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Plaintiff is directed to notify defendant of this scheduling order at the time defendant makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 03/28/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/18/2023. (EM)
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| Filing 6 SUMMONS Returned Executed by Stuart H Finkelstein. Lilaahar Bical served on 1/7/2023, answer due 1/30/2023. (Finkelstein, Stuart) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 3 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge LaShann DeArcy Hall 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. (SR) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Stuart H Finkelstein (Attachments: #1 Proposed Summons) (Finkelstein, Stuart) |
| Filing 1 COMPLAINT against Lilaahar Bical filing fee $ 402, receipt number ANYEDC-16276720 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Stuart H Finkelstein. (Finkelstein, Stuart) |
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| Plaintiff: Stuart H Finkelstein | |
| Represented By: | Stuart H. Finkelstein |
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| Defendant: Lilaahar Bical | |
| Represented By: | Scott Howard Mandel |
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