New Amsterdam Capital Partners, LLC v. Krasovsky
||New Amsterdam Capital Partners, LLC
||October 9, 2012
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Other Contract
|Jury Demanded By:
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|January 10, 2017
ORDER: Accordingly, I have reviewed the Report and Recommendation for clear error and find none. I therefore adopt the well-reasoned and thorough Report and Recommendation in its entirety. Finally, Defendant's motion "to dispose of his Mot ion to Set Aside Default, filed per Rule 60(b)," (Doc. 49), is denied as moot because the motion referencedDefendant's March 5, 2014 "Motion to Vacate or Set Aside Default Judgment Pursuant to FRCP 55(c) and/or 60(b)," (Docs. 29, 30)was considered and denied for the reasons stated in my March 10, 2014 Text Order, (Doc. 37). To the extent Defendant's motion can be construed as a new motion pursuant to Rules 55(c) and 60(b), it is denied for the same reasons, namely that any motion to set aside the default is untimely because it has already been affirmed on appeal by the Second Circuitno motion to set aside the mandate having been madeand because Defendant has failed to establish good cause to set aside the default judgment or any other basis for relief. The Clerk of Court is respectfully requested to enter judgment and terminate this action. (Signed by Judge Vernon S. Broderick on 1/10/2017) (cla)
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