Thomas A. Callahan et al v. Ainsworth Cummings
| Thomas A. Callahan, James T. Callahan, William Tyson and Michael Salgo |
| Ainsworth Cummings |
| 1:2020cv05814 |
| July 27, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Ainsworth Cummings. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Steinberg, James) |
Filing 19
MEMO ENDORSEMENT on #18 granting Motion to Vacate. ENDORSEMENT: Granted. The default judgment at Docket Number 17 is hereby vacated and the case is reinstated. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/17/2020) (ama)
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| Filing 18 MOTION to Vacate #17 Default Judgment,, Add and Terminate Parties, . Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
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Filing 17
Vacated as per Judges Order dated 9/17/2020, Doc. # 19 DEFAULT JUDGMENT: The Court grants Plaintiffs' motion for default judgment and the Clerk of the Court is directed to enter judgment against Defendant AINSWORTH CUMMINGS in the amount of $224,584.13 which has been calculated as follows: (1) $220,779.13 in Principal Amount; (2) $3,315.00 in attorneys' fees and(3) $490.00 in costs and disbursements. So Ordered (Signed by Judge J. Paul Oetken on 9/15/2020) (js) Modified on 9/17/2020 (ama). Modified on 9/17/2020 (ama).
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| Filing 16 CERTIFICATE OF SERVICE of Declaration in Support of Request for Clerk's Certificate, Clerk's Certificate of Default, Notice of Motion for a Default Judgment, Supporting Affidavits with Exhibits and Memorandum of Law served on Ainsworth Cummings on September 8, 2020. Service was made by Express Mail Delivery. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 15 MEMORANDUM OF LAW in Support re: #10 MOTION for Default Judgment as to Ainsworth Cummings. . Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 14 AFFIDAVIT of Catherine Chase in Support re: #10 MOTION for Default Judgment as to Ainsworth Cummings.. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 13 AFFIDAVIT of James M. Steinberg, Esq. in Support re: #10 MOTION for Default Judgment as to Ainsworth Cummings.. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Steinberg, James) |
| Filing 12 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 11 STATEMENT OF DAMAGES. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 10 MOTION for Default Judgment as to Ainsworth Cummings. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #12 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Ainsworth Cummings.(km) |
| Filing 8 DECLARATION of James M. Steinberg, Esq. in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Ainsworth Cummings served on 8/7/2020, answer due 8/28/2020. Service was accepted by Ainsworth Cummings. Document filed by William Tyson; Thomas A. Callahan; Michael Salgo; James T. Callahan..(Steinberg, James) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Ainsworth Cummings..(pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Ainsworth Cummings, re: #1 Complaint. Document filed by James T. Callahan, Michael Salgo, Thomas A. Callahan, William Tyson..(Steinberg, James) |
| Filing 2 CIVIL COVER SHEET filed..(Steinberg, James) |
| Filing 1 COMPLAINT against Ainsworth Cummings. (Filing Fee $ 400.00, Receipt Number ANYSDC-20865706)Document filed by William Tyson, Thomas A. Callahan, Michael Salgo, James T. Callahan..(Steinberg, James) |
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