Itria Ventures LLC v. Branching Out, Inc. et al
| Intria Ventures LLC and Itria Ventures LLC |
| Branching Out Inc, Rebecca Anscomb and Branching Out, Inc |
| 1:2016cv03646 |
| May 16, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Contract Product Liability |
| 15 U.S.C. § 294 |
| None |
Docket Report
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| Filing 22 AFFIDAVIT OF SERVICE of JUDGMENT served on BRANCHING OUT INC. and REBECCA ANSCOMB on 10/17/17. Service was made by Mail. Document filed by Itria Ventures LLC. (Weissman, Edward) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Application for entry of a Default Judgment proceeding held on 9/27/2017. (Court Reporter Tom Murray) (Lopez, Jose) |
Filing 21
JUDGMENT: ORDERED AND ADJUDGED, that Itria Ventures LLC, maintaining offices at 462 Seventh Avenue, 20th Floor, New York, New York 10018 shall recover of defendant Branching Out, Inc., maintaining offices at 9550 S. Eastern Avenue, #253, Las Vegas, Nevada 89123 and defendant Rebecca Anscomb, maintaining offices at 9 Holston Hills Road, Henderson, Nevada 89052, in the principal sum of $89,737.97 with interest thereon at the legal rate of nine percent (9%) per annum from the date suit was commenced (May 16, 2016) in the amount of $5,025.33, for a total judgment of $94,763.30. (As further set forth in this Judgment.) Motions terminated: #20 MOTION for Default Judgment as to filed by Itria Ventures LLC. (Signed by Judge Katherine Polk Failla on 9/27/2017) (cf)
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| Filing 20 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Default Judgment as to . Document filed by Itria Ventures LLC. Responses due by 9/13/2017 Return Date set for 9/27/2017 at 10:00 AM. (Attachments: #1 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT, #2 Affidavit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 DECLARATION, #11 AFFIDAVIT OF SERVICE)(Weissman, Edward) Modified on 10/26/2017 (ldi). |
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Filing 19
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is hereby ORDERED that Defendants Branching Out, Inc. and Rebecca Anscomb SHOW CAUSE before the Honorable Katherine Polk Failla, United States District Judge, Southern District of New York, 40 Foley Square, New York, New York 10007, Courtroom 618, on September 27, 2017, at 10:00 A.M., why an Order should not be made and entered, granting to Plaintiff a default judgment against each of the Defendants, jointly and severally, in the principal sum of $89,787.97 with interest thereon from May 17, 2016; together with such other further and different relief as to the Court may seem just and proper; and it is further ORDERED, that any opposition brief by Defendants shall be served upon Plaintiff's counsel so as to be received on or before September 13, 2017; and it is further ORDERED, that any reply brief by Plaintiff shall be served upon the Defendants so as to be received by defendants on or before September 20, 2017; and it is further ORDERED, that Plaintiff serve Defendants by August 22, 2017, a copy of this Order to Show Cause and the papers upon which it is based, via first class mail to Defendants' addresses as well as through the Nevada Secretary of State; and also that Plaintiff file each of the aforementioned papers on the CM/ECF docket in this matter. Show Cause Hearing set for 9/27/2017 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Show Cause Response due by 9/13/2017. Reply due by 9/20/2017. (Signed by Judge Katherine Polk Failla on 8/17/2017) (ap) Modified on 8/18/2017 (ap).
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| Set/Reset Deadlines: Replies due by 9/20/2017. (ap) |
| Minute Entry Plaintiff's Order to Show Cause for Default Judgment is denied as moot because of plaintiff's request to re-file application. (Lopez, Jose) |
| Filing 18 AFFIDAVIT OF SERVICE of ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT served on BRANCHING OUT INC., REBECCA ANSCOMB and NEVADA SECRETARY OF STATE on JANUARY 31, 2017. Service was made by Mail. Document filed by Itria Ventures LLC. (Weissman, Edward) |
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Filing 17
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon reading the annexed Affirmation of Edward Weissman, dated January 6, 2017, and the Affidavit of Jonathan Gitlin, Senior Vice President and General Counsel of plaintiff, duly sworn to December 29, 2016, and the exhibits annexed thereto; and the Clerk's Default Certificate; and upon all prior papers, pleadings and proceedings heretofore had herein, It is hereby ORDERED that Defendants Branching Out Inc. and Rebecca Anscomb SHOW CAUSE before the Honorable Katherine Polk Failla, United States District Judge, Southern District of New York, 40 Foley Square, New York, New York 10007, Courtroom 618, on March 29, 2017, at 2:00 P.M., why an Order should not be made and entered, granting to Plaintiff a default judgment against each of the Defendants, jointly and severally, in the principal sum of $89,787.97 with interest thereon from May 16, 2016; together with such other further and different relief as to the Court may seem just and proper; and it is further ORDERED, that any opposition brief by Defendants shall be served upon Plaintiff's counsel so as to be received on or before March 15, 2017; and it is further ORDERED, that any reply brief by Plaintiff shall be served upon the Defendants so as to be received by Defendants on or before March 22, 2017; and it is further ORDERED, that Plaintiff serve Defendants by January 31, 2017, a copy of this Order to Show Cause and the papers upon which it is based, as identified in Attachment A of the Court's Individual Rules of Practice in Civil Cases, via first class mail to Defendants' addresses as well as through the Nevada Secretary of State; and also that Plaintiff file each of the aforementioned papers on the CM/ECF docket in this matter. Show Cause Hearing set for 3/29/2017 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/27/2017) (mro)
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| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to Branching Out, Inc. and Rebecca Anscomb. (km) |
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Filing 15
ORDER granting #13 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference scheduled for September 13, 2016, is hereby ADJOURNED sine die. Plaintiff is reminded to consult Attachment A of the Court's Individual Rules in Civil Cases in pursuing a default judgment. (Signed by Judge Katherine Polk Failla on 9/9/2016) (mro)
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| Filing 14 REQUEST TO ENTER DEFAULT against BRANCHING OUT, INC., REBECCA ANSCOMB . Document filed by Itria Ventures LLC. (Attachments: #1 Proposed Certificate of Default, #2 Declaration of Attorney Edward Weissman, Esq)(Weissman, Edward) |
| Filing 13 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from EDWARD WEISSMAN, ESQ. dated 09/09/16. Document filed by Itria Ventures LLC. Return Date set for 9/13/2016 at 02:30 PM.(Weissman, Edward) |
| Filing 12 REQUEST TO ENTER DEFAULT against BRANCHING OUT, INC., REBECCA ANSCOMB . Document filed by Itria Ventures LLC.(Weissman, Edward) |
| Filing 11 MEMO ENDORSEMENT on re: #10 Letter filed by Itria Ventures LLC. ENDORSEMENT: Application GRANTED. The initial pretrial conference will be adjourned to September 13, 2016, at 2:30 p.m. Plaintiff is directed to the Court's Individual Rules of Practice in Civil Cases for the relevant procedure for seeking a default judgment, should it wish to pursue such a judgment. ( Initial Conference set for 9/13/2016 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/1/2016) (mro) |
| Filing 10 LETTER addressed to Judge Katherine Polk Failla from EDWARD WEISSMAN, ESQ. dated 07/29/16 re: Initial Conference. Document filed by Itria Ventures LLC.(Weissman, Edward) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Rebecca Anscomb served on 5/26/2016, answer due 7/25/2016. Service was made by Mail. Document filed by Itria Ventures LLC. (Weissman, Edward) |
| Filing 8 AFFIDAVIT OF SERVICE. Branching Out Inc. served on 5/26/2016, answer due 7/25/2016. Service was made by Mail. Document filed by Itria Ventures LLC. (Weissman, Edward) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/24/2016 at 03:30 PM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/8/2016) (mro) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Rebecca Anscomb, Branching Out Inc.. (rch) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Branching Out Inc., Rebecca Anscomb, re: #2 Complaint. Document filed by ITRIA VENTURES LLC. (Weissman, Edward) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ITRIA VENTURES LLC.(Weissman, Edward) |
| Filing 3 FILING ERROR - DUPLICATE DOCKET ENTRY CIVIL COVER SHEET filed. (Weissman, Edward) Modified on 5/17/2016 (rch). |
| Filing 2 COMPLAINT against Rebecca Anscomb, Branching Out Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12307715)Document filed by ITRIA VENTURES LLC.(Weissman, Edward) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward Weissman. The following case opening statistical information was erroneously selected/entered: Dollar Demand 8,978,797,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the Fee Status code has been modified to pd (paid). (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Magistrate Judge James C. Francis IV is so designated. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward Weissman. The party information for the following party/parties has been modified: Rebecca Anscomb, Branching Out Inc., ITRIA VENTURES LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party address shown on docket. (rch) |
| Case Designated ECF. (rch) |
| Filing 1 CIVIL COVER SHEET filed. (Weissman, Edward) |
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