Erkan v. American Academy of Pet Grooming, Inc.
| Nihal Erkan |
| American Academy of Pet Grooming, Inc. |
| 1:2023cv05970 |
| August 7, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 AFFIDAVIT of Service for Clerk's Certificate of Default and Order served on American academy of Pet Grooming, Inc. on 10/5/23, filed by Nihal Erkan. (Khaimov, Mars) |
| Filing 9 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant American Academy of Pet Grooming, Inc. has failed to appear or otherwise defend this action, the default of defendant American Academy of Pet Grooming, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
ORDER: Plaintiff shall file a motion on or before October 25, 2023, seeking the entry of a default judgment against Defendant. Plaintiff need not follow the process of filing a pre-motion letter required by Section IV.A of the Court's Individual Practices. In addition to the service requirements of the Federal Rules of Civil Procedure, Plaintiff shall attempt to send, as soon as reasonably possible, this order and the Clerk of Court's certificate of default directly to either Defendant or one of Defendant's attorneys, employees, or other representatives, and Plaintiff shall file a declaration by Plaintiff's counsel or other knowledgeable person describing that service on or before October 3, 2023.Plaintiff shall serve the default judgment papers in the same manner as soon as reasonably possible upon filing the motion for default judgment and shall file a declaration describing that service within two business days of Plaintiff filing the motion. For the avoidance of doubt, Plaintiff may not satisfy the service obligations in this order only by serving the documents described herein on the New York Secretary of State. Ordered by Judge Hector Gonzalez on 9/26/2023. (BH)
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| Filing 8 Request for Certificate of Default by Nihal Erkan (Khaimov, Mars) |
| Filing 7 Letter by Nihal Erkan (Khaimov, Mars) |
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Filing 6
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by September 27, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 8/24/2023. (BH)
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| Filing 5 SUMMONS Returned Executed by Nihal Erkan. American Academy of Pet Grooming, Inc. served on 8/23/2023, answer due 9/13/2023. (Khaimov, Mars) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 3 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 2 Summons Issued as to All Defendants. (SR) |
| Filing 1 COMPLAINT Nihal Erkan against American Academy of Pet Grooming, Inc. filing fee $ 402, receipt number ANYEDC-16967840 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Nihal Erkan. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Khaimov, Mars) |
| Case Assigned to Judge Hector Gonzalez. 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before August 28, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 8/7/2023. (BH)
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| Plaintiff: Nihal Erkan | |
| Represented By: | Mars Khaimov |
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| Defendant: American Academy of Pet Grooming, Inc. | |
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