Nemesis 2 LLC v. Paladino et al
| Nemesis 2 LLC |
| Pascal Salvati, Andre Rola Cabral, Pure Brazilian Company, Robert Paladino and Pure Brazilian Company, S.L. |
| Cavalier Aire, LLC |
| 1:2019cv03373 |
| April 16, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Barbara C Moses |
| Negotiable Instrument |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.
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Filing 102
MEMO ENDORSEMENT: on re: #101 Notice of Settlement filed by Robert Paladino, Motions terminated: #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment for Turnover Order filed by Nemesis 2 LLC. ENDORSEMENT: The motion to enforce pending at docket entry 91 is hereby stayed. To the extent that the settlement has not been executed by May 20, 2021, the parties shall submit a status letter to the Court on that date. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/20/2021) (ama)
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Filing 101
NOTICE of Settlement . Document filed by Robert Paladino..(Taldone, Nicholas)
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Filing 100
REPLY MEMORANDUM OF LAW in Support re: #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment,, for Turnover Order. . Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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Filing 99
PARTIAL SATISFACTION OF JUDGMENT re: #77 Default Judgment in the amount of $575,000. WHEREAS, Plaintiff has entered into a confidential settlement agreement with Defendants PB, Salvati, and Andr Rola Cabral (Rola Cabral), in which the parties to the agreement have agreed to mutual releases in exchange for a settlement payment of $575,000; WHEREAS, the judgment balance has been partially satisfied with respect to Defendants PB, Salvati, and Rola Cabral, with $85,393.16 remaining unpaid, plus post-judgment interest thereon from January 7, 2021. Judgment satisfied on 01/21/2021.(km)
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Filing 98
MEMO ENDORSEMENT on re: #96 NOTICE OF PARTIAL SATISFACTION OF JUDGMENT. ENDORSEMENT: So ordered. Document filed by Nemesis 2 LLC. Pascal Salvati terminated. (Signed by Judge Ronnie Abrams on 1/27/2021) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing 97
MEMORANDUM OF LAW in Opposition re: #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment,, for Turnover Order. . Document filed by Robert Paladino. (Attachments: #1 Affidavit, #2 Affidavit).(Taldone, Nicholas)
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Filing 96
NOTICE of Partial Satisfaction of Judgment. Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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Filing 95
ORDER granting #94 Letter Motion for Extension of Time: Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 1/12/2021) (jwh)
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Filing 94
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Nicholas J. Taldone, Esq. dated 01-12-21. Document filed by Robert Paladino..(Taldone, Nicholas)
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Set/Reset Deadlines as to #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment: Responses due by 1/25/2021. (jwh)
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Filing 93
MEMORANDUM OF LAW in Support re: #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment,, for Turnover Order. . Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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Filing 92
DECLARATION of Gabriel T. Bluestone in Support re: #91 MOTION to Enforce Judgment re: #59 Clerk's Judgment,, for Turnover Order.. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Bluestone, Gabriel)
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Filing 91
MOTION to Enforce Judgment re: #59 Clerk's Judgment,, for Turnover Order. Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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Filing 90
MEMO ENDORSEMENT withdrawing #86 Motion to Quash; #89 NOTICE of Withdrawal of Motion to Quash re: 86 MOTION to Quash Subpoena to Produce Docs. ENDORSEMENT: The Clerk of Court is respectfully directed to close the motion at Docket No. 86. (Signed by Magistrate Judge Barbara C. Moses on 8/18/2020) (cf)
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Filing 89
NOTICE of Withdrawal of Motion to Quash re: #86 MOTION to Quash Subpoena to Produce Docs .. Document filed by Cavalier Aire, LLC..(Taldone, Nicholas)
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Filing 88
ORDER: Pursuant to Local Civil Rule 6.1(a), plaintiff's opposition papers are due no later than August 17, 2020. All court conferences and hearings will be conducted by teleconference. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. (As further set forth in this Order.) ( Responses due by 8/17/2020) (Signed by Magistrate Judge Barbara C. Moses on 8/13/2020) (cf)
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Filing 87
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Post-judgment discovery and enforcement efforts. Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Ronnie Abrams on 8/12/2020) (rj)
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Filing 86
MOTION to Quash Subpoena to Produce Docs . Document filed by Cavalier Aire, LLC. (Attachments: #1 Exhibit Subpoena, #2 Affidavit Affidavit in Support of Motion to Quash).(Taldone, Nicholas)
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Filing 85
ORDER granting #83 Motion to Serve. Plaintiff also requests an order restraining Salvati's assets pursuant to Federal Rule of Civil Procedure 69 and N.Y. C.P.L.R. 5222 "to ensure that he does not fraudulently transfer or hide assets to avoid Nemesiss enforcement efforts." Dkt. 84 at 7. In New York, where this Court is located, 5222 permits a judgment creditor to serve a restraining notice on a judgment debtor, which prohibits the judgment debtor from "mak[ing] or suffer[ing] any sale, assignment, transfer or interference with any property in which he or she has an interest." N.Y. C.P.L.R. 5222(b). "[O]nce a defendant is found liable and a money judgment is rendered against a defendant, a district court sitting in New York has the power to restrain a defendants assets." Ideavill. Prods. Corp. v. Aarhus, No. 18-CV-2739 (JGK), 2019 WL 2290514, at *6 (S.D.N.Y. May 7, 2019). Because the Court previously entered a default judgment against Salvati in the amount of $600,000, it now has the authority to restrain his assets under New York law. Plaintiffs request for an order restraining Salvati's assets pursuant to 5222 is therefore granted.Plaintiff is authorized to serve this restraining notice on Salvati by e-mail as well. In sum, Plaintiff's motion is granted in its entirety. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 84. (Signed by Judge Ronnie Abrams on 7/31/2020) (rj)
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Filing 84
MEMORANDUM OF LAW in Support re: #83 MOTION to Serve Defendant Pascal Salvati by Email. . Document filed by Nemesis 2 LLC. (Attachments: #1 Declaration of Gabriel T. Bluestone, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order).(Bluestone, Gabriel)
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Filing 83
MOTION to Serve Defendant Pascal Salvati by Email. Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nicholas J. Taldone to RE-FILE Document #81 MOTION to Quash Information Subpoena with Restraining Notice .. ERROR(S): Supporting Documents Must Be Filed Separately. (lb)
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Filing 82
RESPONSE to Motion re: #81 MOTION to Quash Information Subpoena with Restraining Notice . . Document filed by Nemesis 2 LLC..(Bluestone, Gabriel)
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Filing 81
FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Quash Information Subpoena with Restraining Notice . Document filed by Cavalier Aire, LLC. (Attachments: #1 Affidavit Affidavit in Support of Mtn to Quash).(Taldone, Nicholas) Modified on 7/27/2020 (lb).
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Filing 80
Objection To Information Subpoena With Restraining Order. Document filed by Robert Paladino..(Taldone, Nicholas)
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Filing 79
ORDER granting #78 Motion for Gabriel T. Bluestone to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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Filing 78
MOTION for Gabriel T. Bluestone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19981146. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nemesis 2 LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Bluestone, Gabriel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Gabriel T. Bluestone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19981146. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filing 77
DEFAULT JUDGMENT in favor of Nemesis 2 LLC against Pascal Salvati in the amount of $ 600,000. It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Court's Memorandum Opinion and Order dated May 8, 2020, Plaintiffs motion for a default judgment against Salvati is granted: Default Judgment is entered against Salvati in the amount of $600,000 to be joint and several with Pure Brazilian and Paladino; Accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 05/08/2020) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 76
MEMORANDUM OPINION & ORDER re: #67 MOTION for Default Judgment as to Defendant Pascal Salvati. filed by Nemesis 2 LLC. For the foregoing reasons, Plaintiff's motion for a default judgment against Salvati is granted. The Clerk of Court is respectfully requested to enter a default judgment against Salvati in the amount of $600,000 to be joint and several with Pure Brazilian and Paladino. The Clerk of Court is further respectfully directed to terminate the motion pending at docket 67, and close this case. (Signed by Judge Ronnie Abrams on 5/8/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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Terminate Transcript Deadlines (dt)
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Filing 75
ORDER: On January 15, 2020, the Clerk of Court entered a certificate of default against Defendant Pascal Salvati and on January 24, Plaintiff moved for a default judgment against this defendant. On January 28, the Court ordered Mr. Salvati to show cause at a conference to be held on March 5, 2020. On March 3, Mr. Salvati contacted Plaintiff by telephone and e-mail and requested an adjournment of the show cause conference in light of COVID-19. In speaking with Plaintiff, Mr. Salvati confirmed that he had received copies of Plaintiff's pending motion for default judgment against him and the supporting papers. The Court, therefore, adjourned the show cause hearing. However, it ordered Mr. Salvati to submit a letter to the Court, explaining why he has not yet appeared in this action, and to file opposition papers to Plaintiff's motion for a default judgment no later than April 4, 2020. The Court warned Mr. Salvati that it "w[ould] review [his] papers, if submitted, and determine at that time whether the show cause hearing should be rescheduled." Dkt. 74. In light of Mr. Salvati's failure to submit any papers, as well as the COVID-19 crisis, the Court has determined that it will not have a show cause hearing and will instead resolve this matter on the papers. (Signed by Judge Ronnie Abrams on 4/29/2020) (rj)
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Filing 74
MEMO ENDORSEMENT on re: #73 Letter filed by Nemesis 2 LLC. ENDORSEMENT: The Court will adjourn the show cause hearing scheduled for March 5, 2020 at 3:00 p.m. sine die. No later than April 4, 2020, Defendant Pascal Salvati shall submit a letter to the Court, explaining why he has not yet appeared in this action, and file opposition papers to Plaintiff's motion for a default judgment. The Court will review Mr. Salvati's papers, if submitted, and determine at that time whether the show cause hearing should be rescheduled. If Mr. Salvati chooses not to obtain counsel to represent him in this action, he must file any correspondence with the Court through the Pro Se Intake Unit, which is located at 500 Pearl Street, Room 200, New York, NY, 10007. (Signed by Judge Ronnie Abrams on 3/4/2020) (mro)
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Filing 73
LETTER addressed to Judge Ronnie Abrams from Ailsa Chau dated March 4, 2020 re: Show Cause Conference. Document filed by Nemesis 2 LLC..(Chau, Ailsa)
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Filing 72
ORDER granting #71 Letter Motion for Extension of Time. Based on the information provided in Plaintiff's letter, the Court concludes that Plaintiff has completely and effectively served Defendant Salvati with its motion for default judgment, supporting papers, and the Court's order scheduling the show cause hearing on March 5, 2020. As ordered on January 28, the Court will have a conference on March 5, 2020 at 3:00 p.m., at which Defendant Salvati is ordered to appear and show cause as to why a default judgment should not be entered in favor of Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2020) (kv)
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Filing 71
LETTER MOTION for Extension of Time / requesting the Court to determine that Plaintffs service on Defendant Pascal Salvati is complete and effective, or in the alternative, request for a 60-day extension of the deadline to serve Defendant Salvati addressed to Judge Ronnie Abrams from Nathan M. Bull dated February 11, 2020. Document filed by Nemesis 2 LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Lori G. Dillon dated 2/11/2020, #3 Affidavit of Ailsa H. Chau dated 2/11/2020).(Bull, Nathan)
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Filing 70
AMENDED ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon consideration of these documents and the supporting Affidavit of Nathan M. Bull, it is hereby: ORDERED that Plaintiff shall serve a copy of the motion for default judgment, any supporting papers, and this Order by February 14, 2020 on Defendant Salvati by the methods described in Rule 4 of the Federal Rules of Civil Procedure. Plaintiff shall file proof of service of these documents with the Court. IT IS FURTHER ORDERED that answering papers, if any, should be served uponPlaintiff by February 28, 2020. IT IS FURTHER ORDERED that Defendant Salvati show cause at a conference to be held on March 5, 2020, at 3:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York, why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. SO ORDERED. Show Cause Hearing set for 3/5/2020 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/28/2020) (kv)
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Filing 69
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: ORDERED that Plaintiff shall serve a copy of the motion for default judgment, any supporting papers, and this Order by February 14, 2020 on Defendant Salvati by the methods described in Rule 4 of the Federal Rules of Civil Procedure. Plaintiff shall file proof of service of these documents with the Court. IT IS FURTHER ORDERED that answering papers, if any, should be served upon Plaintiff by February 28, 2020. Defendant Pure Brazilian shall show cause as to why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. SO ORDERED. Show Cause Hearing set for 3/5/2020 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/27/2020) (mml)
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Filing 68
AFFIDAVIT of Nathan M. Bull in Support re: #67 MOTION for Default Judgment as to Defendant Pascal Salvati.. Document filed by Nemesis 2 LLC. (Attachments: #1 Ex. A transcript of the hearing on Plaintiffs motion for default judgment, #2 Ex. B the PB Judgment, #3 Ex. C the Courts Memorandum Opinion and Order on Plaintiffs and Paladinos cross-motions for summary judgment, #4 Ex. D- the Paladino Judgment, #5 Ex. E the Certificate of Service, #6 Ex. F the Clerks Certificate of Default, #7 Ex. G- the Proposed Default Judgment, #8 Ex. H the Proposed Order to Show Cause, #9 Ex. I the Deane Affidavit in support of Plaintiffs motion for summary judgment in lieu of complaint and accompanying exhibits)(Bull, Nathan)
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Filing 67
MOTION for Default Judgment as to Defendant Pascal Salvati. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 66
CLERK'S CERTIFICATE OF DEFAULT as to Pasal Salvati. (km)
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Filing 65
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nemesis 2 LLC. (Bull, Nathan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 64
LETTER addressed to Judge Ronnie Abrams from Nathan M. Bull dated 12/19/2019 re: Service of process upon Defendant Pascal Salvati in Switzerland. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 63
CERTIFICATE OF SERVICE of Summons, Affidavit in Support of Plaintiffs Motion for Summary Judgment in Lieu of Complaint, with Exhibits A-J, Notice of Motion for Summary Judgment in Lieu of Complaint, Plaintiffs Memorandum of Law in Support of its Motion for Summary Judgment in Lieu of Complaint, Notification of Removal, Request for Judicial Intervention, Request for Judicial Intervention Addendum, Civil Cover Sheet, United States District Court, Southern District of New York, Electronic Case Filing Rules & Instructions, Individual Rules & Practices in Civil Cases of the Honorable Ronnie Abrams served on Pascal Salvati on November 26, 2019. Service was accepted by Pascal Salvati. Service was made by in accordance with the rules of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 62
MEMO ENDORSEMENT on re: #60 LETTER MOTION for Leave to File Order and Judgment in place of the Judgment entered on 11/21/2019 addressed to Judge Ronnie Abrams from Nathan M. Bull dated 11/25/2019. filed by Nemesis 2 LLC. ENDORSEMENT: Application granted. The Court will enter Plaintiff's proposed amended order and judgment. No later than December 30, 2019, Plaintiff shall file a letter updating the Court on the status of serving Defendant Salvati. (Signed by Judge Ronnie Abrams on 11/26/2019) (rj)
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Filing 61
AMENDED ORDER AND JUDGMENT: NOW, THEREFORE, it is ORDERED, that Plaintiff's motion for summary judgment against Defendant Paladino is Granted, and Defendant Paladino's cross-motion for summary judgment against Plaintiff is Denied; and it is further ORDERED, ADJUDGED and DECREED: That Plaintiff Nemesis 2 LLC have judgment against Defendant Robert Paladino in the amount of $600,000, and that Plaintiff have execution therefor against Defendant Paladino to the extent that the amount of $600,000 or less remains due and payable on the Note pursuant to the Court's Order and Default Judgment entered in this action on October 21, 2019; and it is further ORDERED, that the case is closed as against Defendant Paladino; and it is further ORDERED, that the action is severed and continued as against Defendant Salvati; and it is further ORDERED, that the action is dismissed as against Defendant Cabral, without prejudice to the action being reopened and reinstated by Plaintiff against Defendant Cabral upon Plaintiff's presentation to the Court of satisfactory evidence that Defendant Cabral has been duly served with process., Motions terminated: #60 LETTER MOTION for Leave to File Order and Judgment in place of the Judgment entered on 11/21/2019 addressed to Judge Ronnie Abrams from Nathan M. Bull dated 11/25/2019. filed by Nemesis 2 LLC. (Signed by Judge Ronnie Abrams on 11/26/2019) (rj)
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Filing 60
LETTER MOTION for Leave to File Order and Judgment in place of the Judgment entered on 11/21/2019 addressed to Judge Ronnie Abrams from Nathan M. Bull dated 11/25/2019. Document filed by Nemesis 2 LLC. (Attachments: #1 7/18/19 Letter to Judge Abrams, #2 Proposed Order and Judgment)(Bull, Nathan)
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Filing 59
CLERK'S JUDGMENT re: #58 Memorandum & Opinion. in favor of Nemesis 2 LLC against Robert Paladino. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated November 21, 2019, Plaintiff's summary judgment motion is granted, and Defendant's summary judgment motion is denied; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/21/2019) (Attachments: #1 Notice of Right to Appeal)(dt) Modified on 11/21/2019 (dt). Modified on 11/26/2019 (dt).
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Filing 58
MEMORANDUM OPINION AND ORDER re: #26 MOTION for Summary Judgment against Defendant Robert Paladino. filed by Nemesis 2 LLC, #39 CROSS MOTION for Summary Judgment Notice of. filed by Robert Paladino. For the foregoing reasons, Plaintiff's summary judgment motion is granted, and Defendant's summary judgment motion is denied. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 26 and 39, and close this case. (Signed by Judge Ronnie Abrams on 11/21/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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Terminate Transcript Deadlines (dt)
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Filing 57
ORDER AND DEFAULT JUDGMENT: It is ORDERED: That Plaintiff's motion for default judgment against Defendant The Pure Brazilian Company, S.L. is granted; and it is further ORDERED, ADJUDGED AND DECREED: That Plaintiff have judgment against Defendant The Pure Brazilian Company, S.L. in the amount of $400,000.00 with interest thereon at fifteen percent (15%) per annum from May 25, 2018 through and including October 15, 2019, amounting to $83,506.85, and an additional amount of $150,000.00 with interest thereon at nine percent (9%) per annum from September 24, 2018 through and including October 15, 2019, amounting to $14,276.71, amounting in all to $647,783.56, and that Plaintiff have execution therefor against Defendant The Pure Brazilian Company, S.L. Pure Brazilian Company, S.L. terminated. (Signed by Judge Ronnie Abrams on 10/21/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing 56
LETTER addressed to Judge Ronnie Abrams from Nathan M. Bull dated October 18, 2019 re: Court's October 17, 2019 request re clarifying Plaintiff's calculation of interest. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit A - Proposed Default Judgment Order (10/15/2019), #2 Exhibit B - Affidavit of Robert Stuckart, #3 Exhibit C - Proposed Default Judgment Order (10/18/2019))(Bull, Nathan)
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Filing 55
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 54
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/10/2019 before Judge Ronnie Abrams. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 10/10/2019. (Court Reporter Vincent Bologna) (arc)
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Filing 53
NOTICE OF APPEARANCE by Ailsa Chau on behalf of Nemesis 2 LLC. (Chau, Ailsa)
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Filing 52
AFFIDAVIT OF SERVICE of Amended Order to Show Cause for Default Judgment served on The Pure Brazilian Company, S.L. on 9/13/2019. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 51
AFFIDAVIT OF SERVICE of Amended Order to Show Cause for Default Judgment served on The Pure Brazilian Company, S.L. on 9/18/2019. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 50
AMENDED ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: On July 8, 2019, the Court ordered Defendant The Pure Brazilian Company, S.L. ("Pure Brazilian") to show cause as to why a default judgment should not be entered in favor of Plaintiff and scheduled a hearing for September 20, 2019. That hearing is hereby rescheduled for October 10, 2019 at 3:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. Plaintiff shall serve a copy of this Order on Defendant Pure Brazilian no later than September 23, 2019. Show Cause Hearing set for 10/10/2019 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/13/2019) (mro)
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Filing 49
LETTER addressed to Judge Ronnie Abrams from Nathan M. Bull dated 08/29/2019 re: requesting that the Court determine that Plaintiff has completely and effectively served defendant the Pure Brazilian Company, S.L.. Document filed by Nemesis 2 LLC. (Attachments: #1 Affidavit of Ailsa H. Chau, #2 Affidavit of Lori G. Dillon, #3 Affidavit of Nathan M. Bull)(Bull, Nathan)
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #39 CROSS MOTION for Summary Judgment Notice of. . Document filed by Robert Paladino. (Taldone, Nicholas)
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Filing 47
COUNTER STATEMENT TO #41 Rule 56.1 Statement. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 46
REPLY AFFIRMATION of Nathan M. Bull in Support re: #26 MOTION for Summary Judgment against Defendant Robert Paladino.. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit 1 - Declaration of Paul Morelli)(Bull, Nathan)
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Filing 45
REPLY MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment against Defendant Robert Paladino. . Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 44
REVISED SCHEDULING ORDER: Pursuant to Plaintiff Nemesis 2 LLC's ("Plaintiff') letter-motion dated July 30, 2019, the Court hereby grants the following Revised Scheduling Order, which modifies the following dates set forth in the July 8, 20 l 9 Order to Show Cause for Default Judgment [ECF Dckt. No. 31]: 1. Plaintiff shall serve a copy of the motion for default judgment, any supporting papers, and the Court's July 8, 2019 Order by August 29, 2019 on Defendant The Pure Brazilian Company, S.L. ("Pure Brazilian") by the methods described in Rule 4 of the FederalRules of Civil Procedure. Plaintiff shall file proof of service of these documents with the Court. 2. Answering papers, if any, should be served upon Plaintiff by September 12, 2019. 3. Defendant Pure Brazilian shall show cause at a conference to be held on September 20, 2019, at 4:15 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York, why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. SO ORDERED. (Show Cause Hearing set for 9/20/2019 at 04:15 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 7/31/2019) (jca)
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Filing 43
LETTER MOTION for Extension of Time to serve defendant The Pure Brazilian Company, S.L. with the motion for default judgment, supporting papers, and the July 8 Order addressed to Judge Ronnie Abrams from Nathan M. Bull dated 07/30/2019. Document filed by Nemesis 2 LLC. (Attachments: #1 [Proposed] Revised Scheduling Order)(Bull, Nathan)
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Filing 42
MEMORANDUM OF LAW in Support re: #39 CROSS MOTION for Summary Judgment Notice of. and in opposition to Plaintiff's Motion for Summary Judgment. Document filed by Robert Paladino. (Taldone, Nicholas)
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Filing 41
RULE 56.1 STATEMENT. Document filed by Robert Paladino. (Taldone, Nicholas)
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Filing 40
AFFIDAVIT of Robert Paladino in Support re: #39 CROSS MOTION for Summary Judgment Notice of.. Document filed by Robert Paladino. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Taldone, Nicholas)
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Filing 39
CROSS MOTION for Summary Judgment Notice of. Document filed by Robert Paladino.(Taldone, Nicholas)
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Filing 38
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #39 Motion) - NOTICE of Notice of Defendant's Cross Motion for Summary Judgment against Plaintiff re: #26 MOTION for Summary Judgment against Defendant Robert Paladino.. Document filed by Robert Paladino. (Taldone, Nicholas) Modified on 7/22/2019 (db).
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Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #39 Motion) - NOTICE of NOtice of Defendant's Cross Motion for Summary Judgment against Plaintiff. Document filed by Robert Paladino. (Attachments: #1 Affidavit D's Affidavit in Support of Cross Mtn and Opposition to P's Mtn for SJ, #2 D's Response to P's Statement of Material Facts, #3 D's Memo of Law)(Taldone, Nicholas) Modified on 7/22/2019 (db).
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Filing 36
LETTER addressed to Judge Ronnie Abrams from Nathan M. Bull dated 07/18/2019 re: international service upon defendants Pascal Salvati and Andre Rola Cabral. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 35
AFFIDAVIT of CARL R. DEANE in Support re: #27 Declaration in Support of Motion,. Document filed by Robert Paladino. (Taldone, Nicholas)
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Filing 34
DEFEDANT ROBERT PALADINO'S MOTION FOR AN EXTENSION OF TIME TO FILE CROSS CLAIMS UNTIL PALADINO FILES ms ANSWER granting #33 Motion for Extension of Time. The Case Management Order in this case specified that Paladino should file any cross-claims by July 12, 2019. However, under the parties' joint stipulation, Paladino's answer to the plaintiff's Notice of Motion for Summary Judgment In Lieu of Complaint and supporting Carl Deane Affidavit is not due until July 21, 2019. The federal ECF system of the Southern District will not permit the filing of cross-claims unless part of another pleading. Paladino has already served the cross-claim defendants as per the a Notice of Service attached as Exhibit A but, as noted, could not file the actual cross-claims with ECF in compliance with the Court's Case Management Order. Therefore, Paladino requests an extension of time to file the cross-claims with the Court to July 21, 2019. The undersigned has conferred with counsel for plaintiff and they do not object to the relief requested herein. WHEREFORE, the undersigned requests the Court grant the motion. (Signed by Judge Ronnie Abrams on 7/15/2019) (rro)
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Filing 33
MOTION for Extension of Time . Document filed by Robert Paladino. (Attachments: #1 Exhibit Ex A-Notice of Service of Cross Claim)(Taldone, Nicholas)
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Filing 32
NOTICE of Notice of Service of Cross Claim. Document filed by Robert Paladino. (Attachments: #1 Cross Claim)(Taldone, Nicholas)
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Filing 31
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: it is hereby: ORDERED that Plaintiff shall serve a copy of the motion for default judgment, any supporting papers, and this Order by July 30, 2019 on Defendant Pure Brazilian by the methods described in Rule 4 of the Federal Rules of Civil Procedure. Plaintiff shall file proof of service of these documents with the Court. IT IS FURTHER ORDERED that answering papers, if any, should be served upon Plaintiff by August 13, 2019. IT IS FURTHER ORDERED that Defendant Pure Brazilian show cause at a conference to be held on August 16, 2019, at 4:15 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York, why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. SO ORDERED. Show Cause Hearing set for 8/16/2019 at 04:15 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/8/2019) (js)
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Filing 30
AFFIDAVIT OF SERVICE of Plaintiff's Notice of Motion for Summary Judgment, the Affidavit of Nathan M. Bull in Support (with exhibits), the Local Rule 56.1 Statement and the Memorandum of Law in Support served on The Pure Brazilian Company, S.L.; Andre Rola Cabral; and Pascal Salvati on June 21, 2019. Service was made by Mail. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 29
MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment against Defendant Robert Paladino. . Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 28
RULE 56.1 STATEMENT. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 27
DECLARATION of Nathan M. Bull in Support re: #26 MOTION for Summary Judgment against Defendant Robert Paladino.. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit 1 - Affidavit of Carl R. Deane in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint dated 2/12/19 with exhibits)(Bull, Nathan)
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Filing 26
MOTION for Summary Judgment against Defendant Robert Paladino. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 25
AFFIDAVIT OF SERVICE of Plaintiff's Notice of Motion for Default Judgment and the Affidavit of Nathan M. Bull in Support (with exhibits) served on The Pure Brazilian Company, S.L. on June 21, 2019. Service was made by Mail. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 24
AFFIDAVIT of Nathan M. Bull in Support re: #23 MOTION for Default Judgment as to Defendant The Pure Brazilian Company, S.L... Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit 1 - Notice of Removal, #2 Exhibit 2 - Dillon's Affidavit of Service, #3 Exhibit 3 - New York County Clerk's Minutes, #4 Exhibit 4 - Clerk's Certificate of Default of the Clerk of this Court, #5 Exhibit 5 - Proposed Default Judgment)(Bull, Nathan)
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Filing 23
MOTION for Default Judgment as to Defendant The Pure Brazilian Company, S.L.. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 22
CLERK'S CERTIFICATE OF DEFAULT as to The Pure Brazilian Company, S.L., on June 4, 2019. (dt)
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Filing 21
AFFIDAVIT of Terence F. Gilheany in Support re: #20 Proposed Clerk's Certificate of Default. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gilheany, Terence)
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Filing 20
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nemesis 2 LLC. (Gilheany, Terence) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 19
AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Nemesis 2 LLC. (Attachments: #1 Exhibit A)(Gilheany, Terence)
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Filing 18
ORDER: granting #17 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for May 31, 2019 is adjourned sine die pending Plaintiff's motion for summary judgment. Plaintiff shall move for default against Defendant Pure Brazilian Company, S.L. no later than July 1, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/29/2019) (ama)
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Filing 17
JOINT LETTER MOTION to Adjourn Conference Currently Scheduled for May 31, 2019 addressed to Judge Ronnie Abrams from Terence F. Gilheany and Nicholas J. Taldone dated 05/29/2019. Document filed by Nemesis 2 LLC.(Gilheany, Terence)
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Set/Reset Deadlines: Motions due by 7/1/2019. (ama)
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Filing 16
ORDER granting #15 Letter Motion for Leave to File Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/23/2019) (rj) Modified on 5/29/2019 (rj).
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Set/Reset Deadlines: Motions due by 6/21/2019. (rj)
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Filing 15
JOINT LETTER MOTION for Leave to File Motion for Summary Judgment in Lieu of Complaint and Additional Reliefs addressed to Judge Ronnie Abrams from Terence F. Gilheany and Nicholas J. Taldone dated 05/23/2019. Document filed by Nemesis 2 LLC.(Gilheany, Terence)
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Filing 14
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Nemesis 2 LLC.(Gilheany, Terence)
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Filing 13
STATUS REPORT. / Joint Status Letter Document filed by Nemesis 2 LLC.(Gilheany, Terence)
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter filed by Robert Paladino. ENDORSEMENT: Application granted. Mr. Taldone shall initiate the call to (212) 805-0284. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/6/2019) (ks)
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Filing 11
PROPOSED STIPULATION AND ORDER. Document filed by Nemesis 2 LLC. (Bull, Nathan)
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Filing 10
LETTER addressed to Judge Ronnie Abrams from Nicholas J. Taldone, Esq. dated 05-03-19 re: Initial Conference via Telephone. Document filed by Robert Paladino.(Taldone, Nicholas)
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Filing 9
NOTICE OF APPEARANCE by Terence Fitzpatrick Gilheany on behalf of Nemesis 2 LLC. (Gilheany, Terence)
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Filing 8
NOTICE OF APPEARANCE by Terence Fitzpatrick Gilheany on behalf of Nemesis 2 LLC. (Gilheany, Terence)
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Filing 7
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Nemesis 2 LLC.(Bull, Nathan)
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Filing 6
NOTICE OF APPEARANCE by Nathan Marshall Bull on behalf of Nemesis 2 LLC. (Bull, Nathan)
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Filing 5
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 5/31/2019 at 11:15 AM in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED (Signed by Judge Ronnie Abrams on 4/23/2019) (rj)
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Filing 4
CIVIL COVER SHEET filed. (Taldone, Nicholas)
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Filing 3
NOTICE OF REMOVAL from Supreme Court of New York, County of New York County. Case Number: 651034-19..Document filed by Robert Paladino. (Attachments: #1 Exhibit Notice of Motion in State Court, #2 Exhibit Summons and Service of Process in State Court, #3 Exhibit Notification of Removal In State Court)(Taldone, Nicholas)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nicholas J. Taldone to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Plaintiff and Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nicholas J. Taldone to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicholas J. Taldone. The following case opening statistical information was erroneously selected/entered: Dollar Demand $600000000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the County code has been modified to XX Out of State;. (jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicholas J. Taldone. The party information for the following party/parties has been modified: Nemesis 2 LLC; Pure Brazilian Company, S.L.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Barbara C. Moses 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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (jgo)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Taldone, Nicholas) Modified on 4/17/2019 (jgo).
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Filing 1
FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court of New York, County of New York County. Case Number: 651034-19. (Filing Fee $ 400.00, Receipt Number ANYSDC-16705545).Document filed by Robert Paladino. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Taldone, Nicholas) Modified on 4/17/2019 (jgo).
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