Blumenthal v. ICP Construction, Inc.
| Ryan Blumenthal |
| ICP Construction, Inc. |
| 1:2024cv04212 |
| June 13, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by ICP Construction, Inc. (Attachments: #1 Exhibit A to Proof of Payment) (Mariam, Craig) |
| Filing 15 Corporate Disclosure Statement by ICP Construction, Inc. (Mariam, Craig) |
| Filing 14 ANSWER to #1 Complaint, by ICP Construction, Inc.. (Mariam, Craig) |
| Filing 13 NOTICE of Appearance by Alison Pringle on behalf of ICP Construction, Inc. (aty to be noticed) (Pringle, Alison) |
Filing 12
ORDER re: #11 . First, the Clerk's entry of default at #7 is VACATED, conditioned upon defendant paying $500 to plaintiff to cover attorneys' fees incurred due to defendant's late appearance by 8/9/2024, with proof of payment filed on this docket. Second, this case was reassigned to the undersigned instead of staying with the Magistrate Judge to whom it was originally assigned due to defendant's default; however, if the parties jointly wish to have this case reassigned back to Magistrate Judge Levy for all purposes, they may submit the consent form at #2 by 8/9/2024. If they don't, they will be placed on a prompt discovery and trial schedule to be held at the Initial Status Conference before this Court on 9/3/2024 at 11:15 am. To participate in the telephone conference, the parties are directed to call 571-353-2301 and enter Meeting ID 020454116# and are required to comply with the attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 8/4/2024. (PW)
|
| Filing 11 Letter requesting pre motion conference to file motion to vacate Dkt.7 entry of default by ICP Construction, Inc. (Mariam, Craig) |
| Filing 10 NOTICE of Appearance by Craig Mariam on behalf of ICP Construction, Inc. (aty to be noticed) (Mariam, Craig) |
|
ORDER re: #9 . Plaintiff may have until 8/12/24 to move, but no longer, since the Court has no reason to believe anyone will appear for defendant. As plaintiff recognizes, there is no "insurance carrier exception" in the federal rules. With regard to efficiency, it's not efficient to keep this matter open while defendant is in default, and if someone finally shows up, defendant will have to pay plaintiff's costs and fees for the delay it caused. Finally, with regard to class certification, if plaintiff believes it does not have grounds to seek class certification without obtaining discovery from defendant, he can pursue his remedies, but it can be difficult to get a class against a defendant that won't respond to legal process. Ordered by Judge Brian M. Cogan on 8/2/2024. (PW)
|
| Filing 9 Letter in response to the Courts July 29, 2024, Order by Ryan Blumenthal (Furia, Philip) |
| Filing 8 NOTICE of Appearance by Philip J. Furia on behalf of Ryan Blumenthal (aty to be noticed) (Furia, Philip) |
|
ORDER re: #7 . Plaintiff is ORDERED to file his motion for class certification and default judgment by 8/12/2024. Ordered by Judge Brian M. Cogan on 7/29/2024. (PW)
|
| Filing 7 VACATED Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant ICP Construction, Inc. has failed to appear or otherwise defend this action, the default of defendant ICP Construction, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) Modified on 8/6/2024 to vacate judgment pursuant to Judge Cogan's Order dated 8/4/24 (RG). |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JM) |
| Case Reassigned to Judge Brian M. Cogan. Magistrate Judge Robert M. Levy no longer assigned as presider to the case. 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. (DA) |
| Filing 6 Request for Certificate of Default by Ryan Blumenthal (Attachments: #1 Affidavit Affirmation in Support of Request For Certificate of Default, #2 Exhibit Exhibit A to Affirmation in Support of Request For Certificate of Default, #3 Exhibit Exhibit B to Affirmation in Support of Request For Certificate of Default, #4 Certificate of Default) (Markowitz, Daniel) |
| Filing 5 SUMMONS Returned Executed by Ryan Blumenthal. ICP Construction, Inc. served on 6/14/2024, answer due 7/8/2024. (Markowitz, Daniel) |
| Filing 4 Summons Issued as to ICP Construction, Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Filing 1 COMPLAINT against ICP Construction, Inc. filing fee $ 405, receipt number ANYEDC-17973327 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Ryan Blumenthal. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Markowitz, Daniel) |
| Case Assigned to Magistrate Judge Robert M. Levy. 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. (KD) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Blumenthal v. ICP Construction, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: ICP Construction, Inc. | |
| Represented By: | Craig Mariam |
| Represented By: | Alison Pringle |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Ryan Blumenthal | |
| Represented By: | Philip J. Furia |
| Represented By: | Daniel Harris Markowitz |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
