Ramgoolie v. Ramgoolie et al
| Jenny Ramgoolie |
| Andy Ramgoolie, AANDCO Health Care Ltd., Jeremy Ramgoolie, Annie Ramgoolie and KDR Medical Care Ltd. |
| 1:2016cv03345 |
| May 5, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Valerie E. Caproni |
| Sarah Netburn |
| Other Contract |
| 28 U.S.C. ยง 1330 |
| Plaintiff |
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Filing
336
OPINION AND ORDER re: 330 MOTION for Reconsideration re; 324 Order Adopting Report and Recommendations. filed by Jenny Ramgoolie. For the foregoing reasons, Plaintiff's motion for reconsideration of the Court's April 15, 2022, Order is DENIED. The Clerk of Court is respectfully directed to close the open motion at Docket 330. (Signed by Judge Valerie E. Caproni on 6/13/2022) (ate)
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Filing
328
ORDER: IT IS HEREBY ORDERED that Plaintiff is awarded $58,478.06 USD plus pre-judgment interest at a 9 percent yearly rate accruing from January 15, 2016 until March 4, 2022. The Clerk of Court is respectfully directed to enter judgment, close any open motions and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/30/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
325
ORDER: IT IS HEREBY ORDERED that not later than March 25, 2022, Plaintiff must submit a proposed conversion rate of $398,380 TTD to U.S. dollars in order for the Court to calculate interest and award damages. Defendant may respond to Plain tiff's proposed judgment not later than April 1, 2022. Pursuant to New York law, the proposed conversion rate should reflect "the rate of exchange prevailing on the date of entry of the judgment." N.Y. Judiciary Law Section 27(b). SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/8/2022) (tg)
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Filing
324
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 307 Report and Recommendations. For the foregoing reasons, the Court adopts Judge Netburn's R&R in full. Plaintiff is awarded $398,380 TTD plus pre-judgment interest at a 9 percent yearly rate accruing from January 15, 2016 until the date of entry of this judgment. The Clerk of Court is respectfully directed to close any open motions and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/4/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
302
OPINION & ORDER re: 267 MOTION for Reconsideration of April 27, 2020 Order Concerning the Applicability of Charging Lien, filed by Howard A. Bender, 263 MOTION for Reconsideration re; 262 Memorandum & Opinion, filed by Jen ny Ramgoolie. Plaintiff's motion for reconsideration is DENIED. Mr. Bender's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 263 and 267. (Signed by Magistrate Judge Sarah Netburn on 10/16/2020) Copies E-mailed By Chambers. (ras)
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Filing
300
ORDER: terminating 287 Motion Finding of Civil Contempt Against Defendant. Defendant is therefore ORDERED to pay Mr. Bender attorneys fees in the amount of $6,450.00, for the costs incurred in bringing the contempt motion. Further, the Clerk of Court is respectfully directed to terminate the motion at ECF No. 287 following Mr. Bender's withdrawal of that motion. See ECF No. 298. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/02/2020) (ama)
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Filing
292
ORDER: In connection with his opposition to Plaintiff's proposed findings of fact and conclusions of law concerning the damages inquest in this case, pro se Defendant Andy Ramgoolie has submitted an estimated several hundred documents, inclu ding checks with unredacted account numbers. Due to the time and effort required to redact the account number on each check, docketing services cannot upload and file the submission as presented. Defendant is therefore ORDERED to: (1) submit a scanned copy of each check to be filed on standard 8 1/2" x 11" paper (2) with the account number(s) redacted, if he so desires, by no later than Tuesday, August 11, 2020. To avoid prejudice, the Court will consider the redacted submiss ions received as of the date of the previous unredacted submissions. If the Court does not receive newly redacted checks by August 11, 2020, it will file the unredacted documents in their entirety and will date the filing according the original date of receipt. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 7/30/2020) (js)
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Filing
284
OPINION & ORDER re: 275 FIRST MOTION to Discharge Terry A. Brostowin, filed by Andy Ramgoolie. The motion to withdraw is GRANTED. The Clerk of the Court is respectfully requested to terminate Terry Brostowin as counsel for Defendant and close the motion at ECF No. 275. Defendant shall advise the Court by Wednesday, July 8, 2020, whether he intends to represent himself pro se. If so, Defendant must file a Notice of Pro Se Appearance. Defendant should note that the Court does no t anticipate granting significant extensions of time for Defendant to file any response to Plaintiff's submission concerning damages. In light of the pandemic, parties proceeding pro se may file submissions by email by sending them as PDF attachments, in strict accordance with the policy outlined at nysd.uscourts.gov/prose, to Temporary_Pro_Se_Filings@nysd.uscourts.gov. (Signed by Magistrate Judge Sarah Netburn on 6/24/2020) (ras)
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Filing
262
OPINION AND ORDER: re: 258 MOTION for Attorney Fees. filed by Jenny Ramgoolie, 259 MOTION for Attorney Fees. filed by Jenny Ramgoolie. For the reasons set forth above, the Court determines the amount of attorney's fees owed pu rsuant to the Court's September 10, 2019 Order is $20,493.75. The Court also assesses a charging lien against Plaintiff in the amount of $148,753.65 and a retaining lien against Plaintiff in the amount of $26,098.50 that shall attach to any proceeds, including attorney's fees and expenses, Plaintiff obtains as a result of this action. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/27/2020) (js)
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Filing
255
ORDER denying 232 Motion for Reconsideration ; denying 234 Motion for Reconsideration ; denying 235 Motion for Reconsideration ; denying 236 Motion for Reconsideration ; denying 238 Motion for Reconsideration. IT IS HEREBY ORDERED that Defendant's motion for reconsideration and for a stay of this action is DENIED. The Clerk of Court is respectfully directed to close the open motions on docket entries 232, 234, 235, 236, and 238. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/2/2020) (js)
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Filing
254
ORDER: granting 199 Motion Finding of Civil Contempt Against Defendant. IT IS HEREBY ORDERED that Defendant is held in civil contempt for failing to comply with the Court's order (Dkt. 149) and Judge Netburn's award (Dkt. 189) to pay Plaintiff reasonable attorneys' fees and costs. Defendant must pay $13,212.32, plus interest at the federal interest rate, see 28 U.S.C. § 1961, no later than May 16, 2020. IT IS FURTHER ORDERED that Defendant must pay reasonable attor neys' fees and costs that Plaintiff's counsel incurred in bringing the contempt motion. Plaintiff may make a motion for an award of attorneys' fees and costs no later than May 16, 2020. IT IS FURTHER ORDERED that, if full payment has n ot been made by May 16, 2020, Plaintiff must move by way of an Order to Show Cause why Defendant should not be jailed or otherwise subject to increasing financial penalties until he complies with this Order, see Hutto v. Finney, 437 U.S. 678, 690 (19 78) ("Civil contempt proceedings may yield a conditional jail term or fine."); see also Waterkeeper All. Inc. v. Spirit of Utah Wilderness, Inc., No. 10-CV-1136, 2020 WL 377951, at *4 (S.D.N.Y. Jan. 22, 2020) ("[A] court may... utilize all sanctions at itsdisposal which are reasonably likely to coerce the contemnor of not only the need for compliance but to achieve full compliance." (citation omitted));The Clerk of Court is respectfully directed to close the open motion on docket entry 199. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/16/2020) (ama)
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Filing
253
ORDER: IT IS HEREBY ORDERED that no later than March 13, 2020, Defendant must notify the Court whether he requests a hearing on the issue of his ability to pay. If Defendant requests a hearing, the Court will hold the hearing on March 17, 2020, at 2:30 p.m. (Status Conference set for 3/17/2020 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/12/2020) (jwh)
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Filing
240
ORDER: The Court has reviewed Defendant's ex parte submission and concludes that it should be filed on the public docket with limited redactions. Defendant is ORDERED to file a complete version of his ex parte submission dated February 20, 2020, with only the following information redacted: (See Order.) Defendant is ORDERED to file his submission in compliance with this Order by no later than February 28, 2020. Alternatively, by that date, Defendant may submit a letter motion demonst rating good cause to redact additional information in his submission according to the standard set forth by the Court of Appeals in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Defendant must also file proof of service upon Plaintiff by February 28, 2020. (Signed by Magistrate Judge Sarah Netburn on 2/25/2020) Copies Mailed By Chambers. (ras)
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Filing
239
ORDER: The Court authorizes Defendant to submit evidence of his financial status by filing the appropriate documentation and a brief cover letter under seal, with access granted to all parties, by no later than February 21, 2020. As Plaintiff is p ro se, Defendant shall also serve a copy of the filing on Plaintiff at her physical address. This accommodation will reasonably protect Defendant's privacy from the public but allow the Plaintiff access to the information on which Defendant seeks a court ruling. Defendant may redact from the filing any bank account numbers or other sensitive personal identifying information. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/13/2020) Copies Mailed By Chambers. (jca)
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Filing
181
OPINION & ORDER re: 170 LETTER MOTION to Compel Andy Ramgoolie to Produce Documents addressed to Magistrate Judge Sarah Netburn from Howard A. Bender dated November 26, 2018, filed by Jenny Ramgoolie, 179 LETTER MOTION for Extens ion of Time for Damages Discovery addressed to Magistrate Judge Sarah Netburn from Howard A. Bender dated January 14, 2019, filed by Jenny Ramgoolie. Plaintiff's motion to compel is GRANTED in part and DENIED in part. Within 14 days o f this Opinion and Order, Defendant is ORDERED to search for and produce Aandco's bank statements between 2014 and 2016. This includes: (1) the missing pages identified in Plaintiff's reply brief for accounts 801, 935, 401, and 927; (2) an y records related to account 451, if such an account exists; (3) canceled checks for all of Aandco's accounts; and (4) any other banking records from that time period, including records from the alleged sixth account. When performing these sea rches, Defendant is directed to request a copy of the documents from the relevant banks. In addition, Defendant is ORDERED to search for and produce (a) the "financial records" referenced in the October 6 letter from Ramdass; and (b) all Direct Med documentation in his control that relates to business dealings between KDR and Direct Med. When searching for the "financial records" referenced in the October 6 letter, Defendant is directed to request those documents from Ramd ass. Further, the parties' request to extend the deadline for damages discovery until February 28, 2019, is GRANTED. No further extensions will be granted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 170 and 179. (Signed by Magistrate Judge Sarah Netburn on 01/29/2019) (ras)
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Filing
149
ORDER ADOPTING REPORT AND RECOMMENDATION: for 139 Report and Recommendations. For the foregoing reasons, the Court ADOPTS the R&R with minimal modification as described above. Accordingly, Plaintiff's and Defendant's motions for summary judgment are DENIED; and Plaintiff's motion for sanctions is GRANTED. The case shall proceed with damages discovery before Magistrate Judge Netburn. The Clerk of Court is instructed to terminate Docket Entries 111 and 113. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/06/2018) (ama)
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Filing
88
ORDER ADOPTING REPORT & RECOMMENDATION for 76 Report and Recommendations. For the foregoing reasons, this Court ADOPTS the R&R in its entirety. The Rule12(b)(2) motion filed by Kevin Ramgoolie, Jeremy Ramgoolie, and Annie Ramgoolie is GRANTED, and the Rule 12(b)(6) motion filed by Andy Ramgoolie is DENIED. Because Plaintiff filed no timely written objections to the R&R and because the R&R expressly warned that the failure to do so may result in the waiver of any such objections, this dec ision precludes appellate review. See Fed. R. Civ. P. 72; Matos v. Comm'r of Soc. Sec., 618 F. App'x 14, 1415 (2d Cir. 2015) (citations omitted). The Clerk of the Court is respectfully directed to close Docket Entry No. 61, to mail a cop y of this Order to Plaintiff, and to note service on the docket. The Clerk of the Court is also respectfully requested to terminate all defendants from this case with the exception of Defendant Andy Ramgoolie. Kevin Ramgoolie, Annie Ramgoolie and Jeremy Ramgoolie terminated. (Signed by Judge Valerie E. Caproni on 8/18/2017) (kgo)
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