MIC General Insurance Corporation v. Cabrera et al
| MIC General Insurance Corporation |
| Wilfrido Cabrera and Luis Cruz |
| 1:2020cv04855 |
| June 24, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER denying without prejudice as moot #19 Letter Motion for Extension of Time to File Response/Reply: The Court having separately denied plaintiff's motion for a default judgment against defendant Cabrera only, see Dkt. 20, defendant Cabrera's motion for an abeyance and extension of time is denied, without prejudice, as moot. (Signed by Judge Paul A. Engelmayer on 8/21/2020) (jwh)
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Filing 21
ORDER TO SHOW CAUSE: Court sua sponte denied the motion for default judgment against Cabrera. Plaintiff's papers in support of its motion against defendant Cruz are in good order. If Cruz wishes to oppose the motion, his counsel shall enter a notice of appearance prior to September 18, 2020, and file an opposition on ECF, explaining why a default judgment is not warranted, by September 18, 2020 at 5 p.m. Plaintiffs are to serve the August 5, 2020 Order to Show Cause, Dkt. 9, this order, and the papers in support of their motion for a default judgment on defendant Cruz forthwith and file proof of this service no later than September 4, 2020. (As further set forth in this Order.) (Responses due by 9/18/2020) (Signed by Judge Paul A. Engelmayer on 8/21/2020) (cf)
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Filing 20
ORDER & NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for September 23, 2020 at 2:30 p.m. This conference will be held telephonically. The parties should call into the Courts dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. (As further set forth in this Order.) Initial Conference set for 9/23/2020 at 02:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/20/2020) (cf)
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Filing 19
LETTER MOTION for Extension of Time to File Response/Reply as to #16 Memorandum of Law in Support of Motion, #13 MOTION for Default Judgment as to Defendants Wilfrido Cabrera and Luis Cruz., #14 Affirmation in Support of Motion, #15 Affidavit in Support of Motion, addressed to Judge Paul A. Engelmayer from Gregory J Gallo dated 8/20/2020. Document filed by Wilfrido Cabrera..(Gallo, Gregory)
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Filing 18
ANSWER to #1 Complaint. Document filed by Wilfrido Cabrera..(Gallo, Gregory)
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Filing 17
NOTICE OF APPEARANCE by Gregory John Gallo on behalf of Wilfrido Cabrera..(Gallo, Gregory)
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Filing 16
MEMORANDUM OF LAW in Support re: #13 MOTION for Default Judgment as to Defendants Wilfrido Cabrera and Luis Cruz. . Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 15
AFFIDAVIT of Daniel Brownsey in Support re: #13 MOTION for Default Judgment as to Defendants Wilfrido Cabrera and Luis Cruz.. Document filed by MIC General Insurance Corporation. (Attachments: #1 Exhibit A - Certified Policy, #2 Exhibit B - Certification, #3 Exhibit C - Disclaimer Letter).(Kohane, Dan)
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Filing 14
AFFIRMATION of Dan D. Kohane, Esq. in Support re: #13 MOTION for Default Judgment as to Defendants Wilfrido Cabrera and Luis Cruz.. Document filed by MIC General Insurance Corporation. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - AOS Cabrera, #3 Exhibit C - AOS Cruz, #4 Exhibit D - Clerk's Certificate, #5 Exhibit E - Default Judgment).(Kohane, Dan)
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Filing 13
MOTION for Default Judgment as to Defendants Wilfrido Cabrera and Luis Cruz. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 12
CLERK'S CERTIFICATE OF DEFAULT as to Wilfrido Cabrera and Luis Cruz.(km)
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Filing 11
AFFIRMATION of Dan D. Kohane, Esq. in Support re: #10 Proposed Clerk's Certificate of Default. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 10
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by MIC General Insurance Corporation..(Kohane, Dan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 9
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that plaintiff shall show cause by August 19, 2020 why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff may show cause by properly submitting a motion for default judgment, pursuant to the Court's Individual Rules, which requires obtaining a certificate of default issued by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely and proper motion for default judgment will result in dismissal of this case under Rule 41. (Signed by Judge Paul A. Engelmayer on 8/5/2020) (jwh)
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Filing 8
SUMMONS RETURNED EXECUTED Summons and Complaint served. Luis Cruz served on 6/29/2020, answer due 7/20/2020. Service was accepted by Elena Comtrera. Service was made by also by Mail. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint served. Wilfrido Cabrera served on 6/27/2020, answer due 7/20/2020. Service was accepted by Wilfrido Cabrera. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Luis Cruz..(pne)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Wilfrido Cabrera..(pne)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Case Designated ECF. (pne)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Wilfrido Cabrera, re: #1 Complaint. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Luis Cruz, re: #1 Complaint. Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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Filing 2
CIVIL COVER SHEET filed..(Kohane, Dan)
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Filing 1
COMPLAINT against Wilfrido Cabrera, Luis Cruz. (Filing Fee $ 400.00, Receipt Number ANYSDC-20403732)Document filed by MIC General Insurance Corporation..(Kohane, Dan)
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