Darwiche et al v. Cedar Capital Management Group, Inc. et al
| Real Estate Development Group, LLC and Hadi Darwiche |
| Wael Chehab, Cedar Capital Management Group, Inc. and Wa |
| 1:2017cv09154 |
| November 22, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 ej |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| CERTIFICATION OF JUDGMENT issued on June 14, 2018, Plaintiffs' motion is granted, and judgment is entered in the amount of $1,200,000, plus interest calculated pursuant to the 5% interest rate agreed upon by the parties in the settlement agreement appended to the SAC (see Exhibit C, SAC, Docket Entry No. 11-3, at 3), from November 22, 2017, through February 26, 2018, the date of the order, totaling $15,945.21, for a total judgment of $1,215,945.21 against each defendant, jointly and severally. (km) |
| Filing 16 CLERK'S JUDGMENT re: #15 Order on Motion to Enforce Judgment. in favor of Real Estate Development Group, LLC, Hadi Darwiche against Cedar Capital Management Group, Inc., Wael Chehab in the amount of $ 1,215,945.21. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 27, 2018, Plaintiffs' motion is granted, and judgment is hereby entered in the amount of $1,200,000, plus interest calculated pursuant to the 5% interest rate agreed upon by the parties in the settlement agreement appended to the SAC (see Exhibit C, SAC, Docket Entry No. 11-3, at 3), from November 22, 2017, through February 26, 2018, the date of the order, totaling $15,945.21, for a total judgment of $1,215,945.21 against each defendant, jointly and severally; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 02/28/2018) (Attachments: #1 Notice of Right to Appeal)(dt) |
Filing 15
ORDER: granting #12 Motion to Enforce Judgment. The Court has reviewed carefully the Plaintiff's submissions, and grants Plaintiff's motion. The Clerk of Court is directed to enter judgment in the amount of $1,200,000.00, plus interest calculated pursuant to the 5% interest rate agreed upon by the parties in the settlement agreement appended to the SAC (see Exhibit C, SAC, Docket Entry No. 11-3, at 3), from November 22, 2017, through the date of this order, totaling $15,945.21, for a total judgment of $1,215,945.21, against each defendant, jointly and severally, and thereupon to close the case, and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 2/27/2018) (ap) Modified on 2/28/2018 (ap).
|
| Transmission to Judgments and Orders Clerk. Transmitted re: #15 Order on Motion to Enforce Judgment to the Judgments and Orders Clerk. (ap) |
| Filing 14 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Cedar Capital Management Group, Inc. served on 1/30/2018, answer due 2/20/2018; Wael Chehab served on 1/30/2018, answer due 2/20/2018. Service was accepted by Gary M. Fellner. Document filed by Hadi Darwiche; Real Estate Development Group, LLC. (Rubin, Maxwell) |
| Filing 13 REDACTION to #9 Declaration, Redacted Loan Document by Hadi Darwiche, Real Estate Development Group, LLC(Rubin, Maxwell) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Enforce Judgment . Document filed by Hadi Darwiche, Real Estate Development Group, LLC. Return Date set for 2/26/2018 at 09:30 AM. (Attachments: #1 Affidavit Affidavit of Douglas Gross, #2 Exhibit Ex. 1 Proposed Judgment)(Rubin, Maxwell) Modified on 3/26/2018 (ldi). |
| Filing 11 SECOND AMENDED COMPLAINT amending #5 Amended Complaint,, against Cedar Capital Management Group, Inc., Wael Chehab.Document filed by Hadi Darwiche, Real Estate Development Group, LLC. Related document: #5 Amended Complaint,,. (Attachments: #1 Exhibit Personal Confession of Judgment, #2 Exhibit Corporate Confession of Judgment, #3 Exhibit Settlement Agreement, #4 Exhibit Default Notice)(Rubin, Maxwell) |
|
Filing 10
ORDER. On January 11, 2018, counsel for Plaintiffs filed an affidavit, stating in relevant part that, due to a typographical error, Plaintiffs incorrectly pled that the members of REDG, a New Jersey limited liability company, are citizens of New York, when they are in fact citizens of New Jersey. (Docket Entry No. 9.) As that affidavit included, as an exhibit, a business loan agreement that contains sensitive financial information, the Clerk of Court is directed to promptly remove Docket Entry No. 9-3 from the public docket and file it under seal. Plaintiffs are directed to promptly refile a version of Docket Entry No. 9-3 that has been redacted in compliance with Federal Rule of Civil Procedure 5.2(a) (i.e., completely obscuring all but the last four digits of the number). On the basis of Plaintiffs' proffers, the Court finds that the order to show cause is satisfied, and that the Court has subject matter jurisdiction of this matter pursuant to 28 U.S.C. 1332. Plaintiffs are authorized to file their Second Amended Complaint in the form proposed at Docket Entry No. 9-4. Plaintiffs are also authorized to file and serve a motion for entry of judgment by confession, with evidence of service of the Summons and Second Amended Complaint on Defendants, and must do so by Monday, February 12, 2018. SO ORDERED. (Motions due by 2/12/2018.) (Signed by Judge Laura Taylor Swain on 1/22/2018) (rjm)
|
| Transmission to Sealed Records Clerk. Transmitted re: #10 Order Set Deadlines to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) |
| Filing 9 DECLARATION of Maxwell Rubin re: #8 Order, . Document filed by Hadi Darwiche, Real Estate Development Group, LLC. (Attachments: #1 Exhibit Prior Action Complaint, #2 Exhibit New Jersey Corporate Profile, #3 Exhibit Business Loan, #4 Exhibit Proposed Second Amended Complaint)(Rubin, Maxwell) |
|
Filing 8
ORDER: ORDERED, that Plaintiff shall, no later than Monday, January 22, 2018, file and serve a Supplement to the Amended Complaint containing allegations sufficient to demonstrate a basis for subject matter jurisdiction in this Court or otherwise show cause in writing as to why this case should not be dismissed for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/08/2018) (ama)
|
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (ma) |
| CASE ACCEPTED AS SIMILAR. Create association to 1:16-cv-05308-LTS-SN. Notice of Assignment to follow. (ma) |
| Filing 7 NOTICE OF APPEARANCE by Gary Michael Fellner on behalf of Cedar Capital Management Group, Inc., Wael Chehab. (Fellner, Gary) |
| Filing 6 NOTICE OF APPEARANCE by Douglas Alan Gross on behalf of Hadi Darwiche, Real Estate Development Group, LLC. (Gross, Douglas) |
| Filing 5 AMENDED COMPLAINT amending #4 Complaint,, against Cedar Capital Management Group, Inc., Wael Chehab.Document filed by Hadi Darwiche, Real Estate Development Group, LLC. Related document: #4 Complaint,,. (Attachments: #1 Exhibit Ex. A Corporate Confession of Judgment, #2 Exhibit Ex. B Individual Confession of Judgment, #3 Exhibit Ex. C Settlement Agreement and Addenda, #4 Exhibit Ex. D Default Notice, #5 Proposed Judgment, #6 Affidavit Gross Affidavit in Support)(Rubin, Maxwell) |
| CASE REFERRED TO Judge Laura Taylor Swain as possibly similar to 16cv5308 (LTS). (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. 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. (laq) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maxwell Jon Rubin to RE-FILE Document No. #4 Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. (laq) |
| Case Designated ECF. (laq) |
| Filing 4 FILING ERROR - PDF ERROR - COMPLAINT against Cedar Capital Management Group, Inc., Wael Chehab. Document filed by Hadi Darwiche, Real Estate Development Group, LLC. (Attachments: #1 Exhibit Ex. A Corporate Confession of Judgment, #2 Exhibit Ex. B Individual Confession of Judgment, #3 Exhibit Ex. C Settlement Agreement and Addenda, #4 Exhibit Ex. D Default Notice, #5 Proposed Judgment, #6 Gross Affidavit in Support)(Rubin, Maxwell) Modified on 11/27/2017 (laq). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Real Estate Development Group, LLC.(Rubin, Maxwell) |
| Filing 2 CIVIL COVER SHEET filed. (Rubin, Maxwell) |
| Filing 1 COMPLAINT against Cedar Capital Management Group, Inc., Wael Chehab. (Filing Fee $ 400.00, Receipt Number 0208-14395330)Document filed by Hadi Darwiche, Real Estate Development Group, LLC. (Attachments: #1 Exhibit Ex. A Corporate Confession of Judgment, #2 Exhibit Ex. B Individual Confession of Judgment, #3 Proposed Summons, #4 Proposed Judgment)(Rubin, Maxwell) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
