Coffey v. Switzoor et al
| Timothy P. Coffey |
| Guru Switzoor, Guru Prakash Raja, Shobana Janaharaja and SRI Construction, LLC |
| 2:2023cv00682 |
| January 31, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 REPLY in Support re #14 First MOTION for Default Judgment filed by Timothy P. Coffey. (Attachments: #1 Proposed Order Exhibit 1 -- Proposed Order for Default Judgment, #2 Exhibit Exhibit 2 -- Motion for Receiver, #3 Exhibit Exhibit 3 -- Petition for Turnover/Piercing Corporate Veil, #4 Exhibit Exhibit 4 -- Receipts, #5 Exhibit Exhibit 5 -- Transcript of Ford 150) (Feinberg, Rourke) |
| Filing 21 RESPONSE in Opposition re #18 Cross MOTION to Vacate #13 Clerk's Entry of Default, #14 First MOTION for Default Judgment filed by Timothy P. Coffey. (Attachments: #1 Exhibit Exhibit 1 -- Portion of Transcript, #2 Exhibit Exhibit 2 -- Motion for Receiver, #3 Exhibit Exhibit 3 -- Petition for Turnover/Piercing Corporate Veil, #4 Memorandum in Opposition Memorandum of Law in Opposition to Cross-Motion) (Feinberg, Rourke) |
ORDER granting #20 Motion for Extension of Time to File Response/Reply re #20 First MOTION for Extension of Time to File Response/Reply as to #18 Cross MOTION to Vacate #13 Clerk's Entry of Default, #14 First MOTION for Default Judgment on Consent. Application granted, on consent. Ordered by Judge Gary R. Brown on 3/23/2023. (LJ)
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| Filing 20 First MOTION for Extension of Time to File Response/Reply as to #18 Cross MOTION to Vacate #13 Clerk's Entry of Default, #14 First MOTION for Default Judgment on Consent by Timothy P. Coffey. (Feinberg, Rourke) |
| Filing 19 REPLY in Opposition re #16 MOTION to Dismiss for Failure to State a Claim MOTION to Stay Opposition to Defendants' Letter Request for a Pre-Motion Conference filed by Timothy P. Coffey. (Feinberg, Rourke) |
| Filing 18 Cross MOTION to Vacate #13 Clerk's Entry of Default, #14 First MOTION for Default Judgment by Shobana Janaharaja, SRI Construction, LLC, Guru Switzoor. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Defendants Cross-Claim and Opposition to Plaintiffs First Motion for Default Judgment, #2 Affidavit Affidavit of Guru Switzoor, in Opposition to Plaintiffs Motion for Default Judgment, #3 Exhibit A - Oct. 12, 2022 Short Form Order, #4 Exhibit B - Nov. 1, 2022 Short Form Order, #5 Exhibit C - Notice of Reargument, #6 Exhibit D - Notice of Appeal to Second Judicial Department) (Dhaniram, Avish) |
| Filing 17 NOTICE by Timothy P. Coffey re #15 Answer to Complaint Notice of Rejection of Answer (Feinberg, Rourke) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim , MOTION to Stay by Shobana Janaharaja, SRI Construction, LLC, Guru Switzoor. (Dhaniram, Avish) |
| Filing 15 ANSWER to #1 Complaint,, by All Defendants. (Dhaniram, Avish) |
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ORDER re #14 First MOTION for Default Judgment filed by Timothy P. Coffey By MARCH 31, 2023, the party moving for default judgment must complete and submit a proposed default judgment in the form attached as Appendix A, containing evidentiary citations, with affidavits and other documentary evidence as per the Court's individual rules. See Rule IIg. Failure to comply constitutes grounds for denying the default judgment motion.Ordered by Judge Gary R. Brown on 3/16/2023. (LJ)
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| Filing 14 First MOTION for Default Judgment by Timothy P. Coffey. (Attachments: #1 Proposed Judgment Proposed Default Judgment, #2 Declaration Declaration of Jack S. Dweck in support of Motion for Default Judgment, #3 Exhibit Exhibit 1 - Complaint with supporting papers, #4 Exhibit Exhibit 2 - Affidavits of Service, #5 Exhibit Exhibit 3 - Additional Affidavit of Service on SRI Construction, LLC, #6 Exhibit Exhibit 4 - Switzoor Transcript Excerpt, #7 Exhibit Exhibit 5 - Clerk's Certificate of Default, #8 Memorandum in Support Memorandum of Law in Support of Motion for Default Judgment, #9 Certificate of Service Certificate of Service of Motion on Defendants) (Feinberg, Rourke) |
| Filing 13 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Shobana Janaharaja, SRI Construction, LLC, and Guru Switzoor have failed to appear or otherwise defend this action, the defaults of defendants Shobana Janaharaja, SRI Construction, LLC, and Guru Switzoor are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
| Filing 12 Request for Certificate of Default by Timothy P. Coffey (Attachments: #1 Declaration Declaration of Rourke T. Feinberg with Exhibits 1, 2, and 3, #2 Proposed Order Proposed Clerk's Entry of Default, #3 Certificate of Service Certificate of Service of Request for Entry of Default) (Feinberg, Rourke) |
| Filing 11 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 2, 2023, before Judge Gary R. Brown. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2023. Redacted Transcript Deadline set for 3/31/2023. Release of Transcript Restriction set for 5/29/2023. (DC) |
| Filing 10 Minute Order for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 2/2/2023. Counsel for all sides present. Motion argued. Other: For the reasons set forth on the record, the motion #5 is denied. See attached for further details. (FTR Log #1:35-1:55.) (JC) |
| Filing 9 RESPONSE in Opposition re #5 First MOTION for Order to Show Cause by Plaintiff filed by Guru Switzoor. (Attachments: #1 Unsigned Opposition to TRO, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (JC) |
| Filing 8 AFFIDAVIT/AFFIRMATION of Additional Service by Timothy P. Coffey (Feinberg, Rourke) |
| Filing 7 DECLARATION re #5 First MOTION for Order to Show Cause by Plaintiff by Timothy P. Coffey (Feinberg, Rourke) |
| Filing 6 AFFIDAVIT/AFFIRMATION re #5 First MOTION for Order to Show Cause by Plaintiff by Timothy P. Coffey (Feinberg, Rourke) |
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ORDER: The Court is in receipt of plaintiff's motion for a Temporary Restraining Order. Plaintiff's counsel is directed to serve upon defendant by email AND any other reasonably available means a copy of this order along with the complaint and motion papers in support of plaintiff's order to show cause. Counsel for plaintiff is directed to file proof of service by close of business today, February 1st. Further, defendant is directed to respond to plaintiff's motion by close of business today. The parties are directed to appear for a hearing on plaintiff's motion TOMORROW FEBRUARY 2nd at 1:30 PM in Courtroom 940 in the Alfonse M. D'Amato Federal Courthouse. Ordered by Judge Gary R. Brown on 2/1/2023. (MR)
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| Email Notification Test - DO NOT REPLY (LJ) |
| Email Notification Test - DO NOT REPLY (EV) |
| Filing 5 First MOTION for Order to Show Cause by Plaintiff by Timothy P. Coffey. (Attachments: #1 Affidavit in Support Affidavit in Support of OSC, #2 Exhibit Exhibit 1 -- August 24, 2020 Judgment, #3 Exhibit Exhibit 2 -- March 16, 2021 Judgment, #4 Exhibit Exhibit 3 -- November 30, 2021 Bankruptcy Order, #5 Exhibit Exhibit 4 -- April 25, 2022 Bankruptcy Order, #6 Exhibit Exhibit 5 -- April 20, 2022 Bankruptcy Sanctions Order, #7 Exhibit Exhibit 6 -- Proposed Stipulation of Settlement, #8 Exhibit Exhibit 7 -- Schedule of Personal Expenses, #9 Exhibit Exhibit 8 -- SRI checks for Personal Expenses, #10 Exhibit Exhibit 9 -- Dec. 2022 Switzoor Transcript Excerpt, #11 Memorandum in Support Memorandum of Law in Support) (Feinberg, Rourke) |
| Filing 4 Summons Issued as to All Defendants. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 COMPLAINT by Plaintiff against All Defendants filing fee $ 402, receipt number ANYEDC-16359218 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Timothy P. Coffey. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons, #3 Exhibit Exhibit 1 - August 24, 2020 NY Judgment, #4 Exhibit Exhibit 2 - March 16, 2021 NY Judgment, #5 Exhibit Exhibit 3 - November 30, 2021 Bankruptcy Order, #6 Exhibit Exhibit 4 - April 25, 2022 Bankruptcy Order, #7 Exhibit Exhibit 5 - April 20, 2022 Bankruptcy Sanctions Order, #8 Exhibit Exhibit 6 - Proposed Stipulation of Settlement) (Feinberg, Rourke) Modified on 1/31/2023 (LJ). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (LJ) |
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