The Guardian Life Insurance Company Of America v. William Everett Counts et al
Plaintiff: The Guardian Life Insurance Company Of America
Defendant: William Everett Counts and Commonwealth Planning LLC
Case Number: 1:2015cv06551
Filed: August 19, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 2, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2015 Opinion or Order Filing 19 DEFAULT JUDGMENT: ORDERED, ADJUDGED, AND DECREED that Judgment be, and it hereby is, entered in favor of Plaintiff, The Guardian Life Insurance Company of America, and against Defendants William Everett Counts and Commonwealth Planning, LLC, in the amount of $303,288.85 and Plaintiff, The Guardian Life Insurance Company of America, may recover from Defendants William Everett Counts and Commonwealth Planning, LLC the sum of $303,288.85 plus post-judgment interest. (As further set forth in this Judgment.) (Signed by Judge Paul G. Gardephe on 12/1/2015) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(kko)
December 1, 2015 Minute Entry for proceedings held before Judge Paul G. Gardephe: Show Cause Hearing held on 12/1/2015. (Court Reporter Raquel Robles) (mr)
November 23, 2015 Filing 18 AFFIDAVIT of Colleen M. Duffy, Esq. in Support re: #16 Certificate of Clerk. Document filed by The Guardian Life Insurance Company Of America. (Attachments: #1 Affidavit Certificate of Service)(Duffy, Colleen)
November 20, 2015 Opinion or Order Filing 17 ORDER: It is hereby ORDERED that Defendants William Everett Counts and Commonwealth Planning, LLC show cause why an order for default judgment should not be entered against Defendants for failing to serve and file an answer after having been served with the summons and complaint herein. It is further ORDERED that a copy of this order, together with the Plaintiff's supporting affidavit and exhibits, shall be served by overnight mail on the Defendants on or before 5:00 P.M. on November 24, 2015. Show Cause Hearing set for 12/1/2015 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 11/30/2015. (Signed by Judge Paul G. Gardephe on 11/20/2015) (kko)
November 20, 2015 Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to William Everett Counts and Common Wealth Planning, LLC, issued on November 20, 2015. (dt)
November 12, 2015 Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 11/12/2015, ( Default Hearing set for 12/3/2015 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Linda Fisher) (mr)
October 29, 2015 Opinion or Order Filing 15 ORDER granting #14 Letter Motion to Adjourn Conference addressed to Judge Paul G. Gardephe from Colleen M. Duffy dated October 28, 2015. It is hereby ORDERED that the conference in this matter presently scheduled for November 5, 2015 is adjourned to Thursday, November 12, 2015 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 11/12/2015 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/28/2015) (kko)
October 28, 2015 Filing 14 LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Colleen M. Duffy dated October 28, 2015. Document filed by The Guardian Life Insurance Company Of America.(Duffy, Colleen)
October 23, 2015 Opinion or Order Filing 13 ORDER. It is hereby ORDERED that the conference in this matter presently scheduled for October 29, 2015 is adjourned to Thursday, November 5, 2015 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Conference set for 11/5/2015 at 10:30 AM in Courtroom 705, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/23/2015) (rjm)
October 7, 2015 Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. William Everett Counts waiver sent on 9/20/2015, answer due 11/19/2015. Document filed by The Guardian Life Insurance Company Of America. (Duffy, Colleen)
October 7, 2015 Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Commonwealth Planning LLC waiver sent on 9/20/2015, answer due 11/19/2015. Document filed by The Guardian Life Insurance Company Of America. (Duffy, Colleen)
September 4, 2015 Opinion or Order Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/29/2015 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, and as further set forth in this order. (Signed by Judge Paul G. Gardephe on 9/4/2015) (tn)
August 26, 2015 Opinion or Order Filing 9 ORDER granting #4 Motion for Colleen M. Duffy to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/26/2015) (rjm)
August 25, 2015 Filing 8 ELECTRONIC SUMMONS ISSUED as to Commonwealth Planning LLC. (rch)
August 25, 2015 Filing 7 ELECTRONIC SUMMONS ISSUED as to William Everett Counts. (rch)
August 25, 2015 Case Designated ECF. (rch)
August 25, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Colleen Mary Duffy. The following case opening statistical information was erroneously selected/entered: Dollar Demand 315502000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (rch)
August 25, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
August 25, 2015 Magistrate Judge Henry B. Pitman is so designated. (rch)
August 21, 2015 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Commonwealth Planning, LLC, re: #1 Complaint. Document filed by The Guardian Life Insurance Company Of America. (Duffy, Colleen)
August 21, 2015 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to William Everett Counts, re: #1 Complaint. Document filed by The Guardian Life Insurance Company Of America. (Duffy, Colleen)
August 20, 2015 Filing 4 MOTION for Colleen M. Duffy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11300947. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Guardian Life Insurance Company Of America. (Attachments: #1 Affidavit of Steven P. DelMauro in Support of Motion for Admission of Counsel Pro Hac Vice, #2 Text of Proposed Order, #3 Affidavit of Service)(Duffy, Colleen)
August 20, 2015 Filing 3 CIVIL COVER SHEET filed. (Duffy, Colleen)
August 20, 2015 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Guardian Life Insurance Company Of America.(Duffy, Colleen)
August 20, 2015 Filing 1 COMPLAINT against Commonwealth Planning LLC, William Everett Counts. (Filing Fee $ 400.00, Receipt Number 0208-11300843)Document filed by The Guardian Life Insurance Company Of America.(Duffy, Colleen)
August 20, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Colleen M. Duffy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11300947. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 20, 2015 ***NOTICE TO ATTORNEY TO FILE INITIAL PLEADING. Notice to Attorney Colleen Mary Duffy to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 8/25/2015. (rch)

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Plaintiff: The Guardian Life Insurance Company Of America
Represented By: Colleen Mary Duffy
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Defendant: William Everett Counts
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Defendant: Commonwealth Planning LLC
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