Wallace v. The IM. Group, LLC et al
| Carmela Wallace |
| The IM. Group, LLC and Sean Welch |
| 1:2020cv07610 |
| September 16, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| James L Cott |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 46 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 against the defendant(s) All Defendants. Document filed by Carmela Wallace. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Williams, Derek) |
| Filing 45 LETTER addressed to Magistrate Judge James L. Cott from Jonathan D. Davis dated February 25, 2022 re: Inquest Submission Timing. Document filed by Carmela Wallace..(Davis, Jonathan) |
Filing 44
ORDER granting #43 Letter Motion for Extension of Time. Application granted. The Estate shall have until February 25, 2022 to propose a new date for the submission of its inquest papers. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 43 THIRD LETTER MOTION for Extension of Time to Propose New Date for Submission of Inquest Papers addressed to Magistrate Judge James L. Cott from Jonathan D. Davis dated January 13, 2022. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 42
ORDER granting #41 Letter Motion for Extension of Time. Application granted. The Estate shall have until January 14, 2022 to propose a new date for the submission of its inquest papers. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 41 SECOND LETTER MOTION for Extension of Time to Propose New Date for Submission of Inquest Papers addressed to Magistrate Judge James L. Cott from Jonathan D. Davis dated December 2, 2021. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 39 LETTER MOTION for Extension of Time to Propose New Date for Submission of Inquest Papers addressed to Magistrate Judge James L. Cott from Jonathan D. Davis dated October 28, 2021. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to File. Application granted. The deadline for Plaintiff to serve and file her Inquest Submission is hereby adjourned sine die, so that she may obtain additional relief from Judge Broderick in aid of enforcement of the Default Judgment. Plaintiff is directed to propose a new date for submission of her inquest papers no later than October 29, 2021. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 37 LETTER MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law addressed to Magistrate Judge James L. Cott from Jonathan D. Davis dated August 31, 2021. Document filed by Carmela Wallace..(Williams, Derek) |
| Filing 36 CERTIFICATE OF SERVICE of Scheduling Order for Damages Inquest served on Sean Welch and The IM. Group, LLC on July 14, 2021. Service was made by Mail. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 35
SCHEDULING ORDER FOR DAMAGES INQUEST: Accordingly, it is hereby ORDERED that: 1. Taking into account the time allotted for defendants to provide an accounting of the information required by Judge Broderick, the Court directs plaintiff to serve defendants and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of the default judgment no later than September 10, 2021. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount. (As further set forth herein.) (Signed by Magistrate Judge James L. Cott on 7/12/2021) (nb)
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| Filing 34 CERTIFICATE OF SERVICE of Default Judgment and Order of Reference served on Sean Welch and The IM. Group, LLC on July 6, 2021. Service was made by Mail. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 33
ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge James L. Cott. (Signed by Judge Vernon S. Broderick on 7/2/2021) (kv)
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Filing 32
DEFAULT JUDGMENT: In light of the well-pleaded allegations in the Complaint and based on the fact that service on Defendants was proper, and that Defendants have failed to appear in this case, it is hereby: ORDERED AND ADJUDGED that Defendants' liability to Plaintiff on the FIRST CAUSE OF ACTION for breach of fiduciary duty is established, and that a default judgment is hereby entered against Defendants IM. Group and Sean Welch on the issue of Defendants' liability to Plaintiff on the fiduciary duty claim, leaving only the determination of Plaintiff's damages for an inquest; ORDERED AND ADJUDGED that Defendants' liability to Plaintiff on the SECOND CAUSE OF ACTION for breach of contract is established, and that a default judgment is hereby entered against Defendants IM. Group and Sean Welch on the issue of Defendants' liability to Plaintiff on the breach of contract claim, leaving only the determination of Plaintiffs' damages for an inquest; ORDERED AND ADJUDGED that Defendants' liability to Plaintiff on the THIRD CAUSE OF ACTION for unjust enrichment is established, and that a default judgment is hereby entered against Defendants IM. Group and Sean Welch on the issue of Defendants liability to Plaintiff on the unjust enrichment claim, leaving only the determination of Plaintiff's damages for an inquest; ORDERED AND ADJUDGED that Defendants' liability to Plaintiff on the FOURTH CAUSE OF ACTION for Negligence is established, and that a default judgment is hereby entered against Defendants IM. Group and Sean Welch on the issue of Defendants' liability to Plaintiff on the negligence claim, leaving only the determination of Plaintiff's damages for an inquest; ORDERED AND ADJUDGED that Defendants' liability to Plaintiff on the FIFTH CAUSE OF ACTION for an accounting is established, and that a default judgment is hereby entered against Defendants IM. Group and Sean Welch with respect to the issue of Defendants' liability to Plaintiff on the accounting claim and with respect to the requested relief sought under that claim; ORDERED AND ADJUDGED that Defendants IM. Group and Sean Welch shall, within 30 days after service of this Default Judgment, provide Plaintiff with a complete accounting from Defendants' books and records, identifying and verifying all incoming and outgoing payments received or made on Mr. Higgins's behalf and all account activity handled by any of the Defendants; ORDERED AND ADJUDGED that Defendants IM. Group and Sean Welch shall, within 30 days after service of this Default Judgment, turn over to Plaintiff: (a) all files, books and records, and other financial matters and information relating to Mr. Higginss and/or the Estates income, earnings, and expenses, which were entrusted to Defendants possession, custody, or control, and (b) all accounts Defendants' maintained on behalf of Mr. Higgins and/or the Estate; ORDERED AND ADJUDGED that for any violation of this Default Judgment by Defendants, Plaintiff may, in accordance with this Court's inherent powers, including the power to enforce its lawful orders, move this Court for an order directing specific actions in aid of enforcement; and IT IS FURTHER ORDERED that this action is referred to Magistrate Judge James L. Cott for an inquest on damages and attorney's fees and costs. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/2/2021) (kv)
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| Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 7/1/2021. (msa) |
| Filing 31 CERTIFICATE OF SERVICE of Endorsed Letter from Court Adjourning Telephonic Conference served on Sean Welch and IM. Group, LLC on June 22, 2021. Service was made by Mail and Email. Document filed by Carmela Wallace..(Davis, Jonathan) |
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Filing 30
ORDER granting #29 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The telephonic hearing previously scheduled for June 24, 2021 is hereby adjourned to July 1, 2021 at 1:00 p.m. Only counsel for Plaintiff, and not the Plaintiff herself, is required to appear at the hearing. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this order upon Defendants by no later than June 22, 2021 and shall file proof of service by June 29, 2021. SO ORDERED. Telephone Conference set for 7/1/2021 at 01:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 6/18/2021) (kv)
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| Filing 29 LETTER MOTION to Adjourn Conference for Hearing on Motion addressed to Judge Vernon S. Broderick from Jonathan D. Davis dated June 16, 2021. Document filed by Carmela Wallace..(Williams, Derek) |
| Filing 28 CERTIFICATE OF SERVICE of Order, dated May 25, 2021 served on Sean Welch and The IM. Group, LLC on May 27, 2021. Service was made by Mail. Document filed by Carmela Wallace..(Davis, Jonathan) |
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Filing 27
ORDER: Plaintiff and the above-named Defendants are hereby directed to appear for a telephonic hearing on Plaintiff's Motion for Default Judgment on June 24, 2021 at 1:00 p.m. The dial-in number for the conference is 888-363-4749 and access code 2682448. Accordingly, it is hereby: ORDERED that Defendants shall file their oppositions to Plaintiff's Motion for Default Judgment by on or before June 14, 2021. IT IS FURTHER ORDERED that Plaintiff shall file a reply, if any, on or before June 21, 2021. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this order upon Defendants by no later than June 7, 2021 and shall file proof of service by June 21, 2021. So Ordered. (Telephone Conference set for 6/24/2021 at 01:00 PM before Judge Vernon S. Broderick.), (Responses due by 6/14/2021, Replies due by 6/21/2021.) (Signed by Judge Vernon S. Broderick on 5/25/2021) (js) Modified on 6/1/2021 (js). Modified on 6/1/2021 (js).
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| Filing 26 CERTIFICATE OF SERVICE of Motion for Default Judgment and supporting papers served on Sean Welch and The IM. Group, LLC on May 17, 2021. Service was made by Mail. Document filed by Carmela Wallace..(Davis, Jonathan) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #25 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 25 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Carmela Wallace..(Williams, Derek) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 24 DECLARATION of Jonathan D. Davis in Support re: #23 MOTION for Default Judgment as to The IM. Group, LLC and Sean Welch.. Document filed by Carmela Wallace. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Williams, Derek) |
| Filing 23 MOTION for Default Judgment as to The IM. Group, LLC and Sean Welch. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 4/27/21) (yv)
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| Set/Reset Deadlines: Motions due by 5/12/2021. (yv) |
| Filing 21 THIRD LETTER MOTION for Extension of Time to File Default Judgment Motion addressed to Judge Vernon S. Broderick from Derek A. Williams dated 4/26/2021. Document filed by Carmela Wallace..(Williams, Derek) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2021) (nb)
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| Set/Reset Deadlines: Motions due by 4/28/2021. (nb) |
| Filing 19 SECOND LETTER MOTION for Extension of Time to File Default Judgment Motion addressed to Judge Vernon S. Broderick from Jonathan D. Davis dated March 23, 2021. Document filed by Carmela Wallace..(Williams, Derek) |
| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Sean Welch, issued January 5, 2021.(dt) |
| Filing 17 DECLARATION of Jonathan D. Davis in Support re: #16 Proposed Clerk's Certificate of Default. Document filed by Carmela Wallace..(Otto, Milton) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Carmela Wallace..(Otto, Milton) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 15
ORDER: denying #14 Letter Motion for Conference. Plaintiff's request for a status conference is DENIED. In the event that Defendant Welch does not respond to Plaintiff's Complaint by December 28, 2020, Plaintiff is GRANTED 90 days from this date to submit her default judgment application consistent with my Individual Rule 4.H. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/28/2020) (ama)
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| Filing 14 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Jonathan D. Davis dated December 23, 2020. Document filed by Carmela Wallace..(Otto, Milton) |
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Filing 13
ORDER: Accordingly, if Plaintiff intends to seek a default judgment she is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than December 29, 2020. If Plaintiff fails to do so or otherwise demonstrate that she intends to prosecute this litigation, I may dismiss Plaintiff's case against Sean Welch for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED., ( Motions due by 12/29/2020.) (Signed by Judge Vernon S. Broderick on 12/18/2020) (ama)
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| Filing 12 AFFIDAVIT OF SERVICE. Sean Welch served on 11/24/2020, answer due 12/15/2020. Service was made by MAIL. Document filed by Carmela Wallace..(Otto, Milton) |
| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to the IM.Group, LLC.(km) |
| Filing 10 DECLARATION of Jonathan D. Davis in Support re: #9 Proposed Clerk's Certificate of Default. Document filed by Carmela Wallace..(Williams, Derek) |
| Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Carmela Wallace..(Williams, Derek) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 8 SUMMONS RETURNED UNEXECUTED as to Sean Welch.. Service was attempted on 10/09/20. Document filed by Carmela Wallace..(Otto, Milton) |
| Filing 7 AFFIDAVIT OF SERVICE. The IM. Group, LLC served on 9/23/2020, answer due 10/14/2020. Service was accepted by J. Bean, Authorized Representative For Registered Agent, Nevada Management Team Ltd.. Document filed by Carmela Wallace..(Otto, Milton) |
| Filing 6 SUMMONS ISSUED as to Sean Welch. (sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to The IM. Group, LLC. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan David Davis. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| Magistrate Judge James L. Cott 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sean Welch, re: #1 Complaint. Document filed by Carmela Wallace..(Davis, Jonathan) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The IM. Group, LLC, re: #1 Complaint. Document filed by Carmela Wallace..(Davis, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Davis, Jonathan) |
| Filing 1 COMPLAINT against The IM. Group, LLC, Sean Welch. (Filing Fee $ 400.00, Receipt Number ANYSDC-21690936)Document filed by Carmela Wallace..(Davis, Jonathan) |
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