Remcoda, LLC v. SR3D Intl Holdings Corp.
| Remcoda, LLC |
| SR3D Intl Holdings Corp. |
| 1:2021cv00756 |
| January 27, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - April 22, 2021 Amended Default Judgment) Document Number of Related Judgment: #31 ..(Uphaus, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/25/2021 (km). |
| CERTIFICATION OF JUDGMENT issued on May 25, 2021, in favor of Remcoda, LLC against SR3D Intl Holdings Corp. in the amount of $382,575.33. Certification of judgment to be picked up by he party.(km) |
| Filing 32 CERTIFICATE OF SERVICE of Amended Default Judgment (Dkt. No. 31) and accompanying notice of right to appeal (Dkt. No. 31-1) served on SR3D Intl Holdings Corp. on 4/22/2021. Service was made by FEDEX Standard Overnight Shipping. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
| Filing 31 AMENDED DEFAULT JUDGMENT amending #30 Order in favor of Remcoda, LLC against SR3D Intl Holdings Corp. in the amount of $382,575.33. It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Court's Order dated April 22, 2021, Plaintiff has judgment against Defendant on all causes of action, including compensatory damages in the amount of $371,225, plus prejudgment interest from December 10, 2020 until the date of entry of judgment at a rate of 9% per annum in the amount of $11,350.33, and post-judgment interest as provided by law and any other relief the Court may deem appropriate. (Signed by Clerk of Court Ruby Krajick on 4/22/2021) (Attachments: #1 Right to Appeal) (km) |
Filing 30
ORDER: WHEREAS, on April 13, 2021, the Court entered a Default Judgment against Defendant. Dkt. No. 28. WHEREAS, the Default Judgment states that it includes "prejudgment interest from December 10, 2020, until the date of entry of judgment at a rate of 9% per annum," but does not state the total calculated prejudgment interest. The Clerk of Court is respectfully directed to enter an amended judgment including the interest amount. (Signed by Judge Lorna G. Schofield on 4/22/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Notice to Attorney Elizabeth Uphaus, document #29 Proposed Clerk's Certification of a Judgment to be Registered in Another District was rejected by the Clerk's Office for the following reason, the time for appeal of this judgment has not expired; Please refile the Proposed Clerk's Certification of Judgment to be Registered in Another District after the time for appeal of this judgment has expired. (km) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number CNYSDC-24433086. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - April 13, 2021 Default Judgment) Document Number of Related Judgment: #28 ..(Uphaus, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/22/2021 (km). |
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Filing 28
DEFAULT JUDGMENT: it is ORDERED, ADJUDGED AND DECREED: That the Plaintiff have judgment against Defendant on all causes of action, including compensatory damages in the amount of $371,225 plus prejudgment interest from December 10, 2020 until the date of entry of judgment at a rate of 9% per annum and post-judgment interest as provided by law and any other relief the Court may deem appropriate. The Clerk of Court is respectfully directed to enter judgment against Defendant and close the case. (Signed by Judge Lorna G. Schofield on 4/13/2021) (ks)
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| Filing 27 LETTER addressed to Judge Lorna G. Schofield from Elizabeth Uphaus, Esq. dated 04/12/2021 re: Dkt No. 26: Default Judgment Meet & Confer. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
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Filing 26
ORDER: WHEREAS, pursuant to the Court's March 3, 2021, Order (Dkt. No. 24), a hearing to show cause as to why a default judgment should not be entered against Defendant was held on March 3, 2021. WHEREAS, John Stickler, owner of Defendant, appeared for the hearing. For the reasons stated during the hearing, it is hereby ORDERED that, by April 15, 2021, Plaintiff shall meet and confer with Mr. Stickler to determine whether they agree to the proposed compensatory damages and pre-judgment interest stated in Plaintiff's Proposed Default Judgment (Dkt. No. 21-4) and shall file a letter apprising the Court as to the results of the meet and confer. (Signed by Judge Lorna G. Schofield on 4/8/2021) (mro)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 4/8/2021. (Court Reporter Present) (jcs) |
| Filing 25 CERTIFICATE OF SERVICE of March 3, 2021 Order to Show Cause (Dkt No. 24), supporting papers (Dkt. Nos. 21-22), and Plaintiff's proposed default judgment (Dkt No. 23) served on SR3D Intl Holdings Corp. on 03/08/2021. Service was made by FEDEX Priority Overnight Shipping. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
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Filing 24
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: ORDERED that Defendant SR3D Intl Holdings Corp. ("Defendant") show cause before this Court, at conference line 888-363-4749, access code 5583333 on April 8, 2021 at 10:40 a.m., why an order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure for entry of default judgment against Defendant ordering an award representing damages for breach of contract, including the out of pocket expenses and lost profit damages Defendants breaches caused, prejudgment interest from December 10, 2020 until the date of entry of judgment at a rate of 9% per annum, post-judgment interest, and granting such other and further relief as this Court deems just and proper. It is further ORDERED that answering papers, if any, must be filed with the Court by March 25, 2021. It is further ORDERED that reply papers, if any, must be served and filed by April 1, 2021. (As further set forth in this Order.) ( Replies due by 4/1/2021., Telephone Conference set for 4/8/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/3/2021) (cf)
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| Filing 23 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Remcoda, LLC..(Uphaus, Elizabeth) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 22 STATEMENT OF DAMAGES. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - SR3D Invoice, #2 Exhibit B - November 10, 2020 Payments, #3 Exhibit C - Stand-By Invoices, #4 Exhibit D - January 13, 2021 Partial Refund, #5 Exhibit E - February 17, 2021 Partial Refund, #6 Exhibit F - US Foods Purchase Orders, #7 Exhibit G - Plaintiff's Calculation of Damages).(Uphaus, Elizabeth) |
| Filing 21 DECLARATION of Elizabeth Uphaus, Esq. in Support re: #20 Proposed Order to Show Cause Without Emergency Relief. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Executed Affidavit of Service, #3 Exhibit C - Clerk's Certificate of Default, #4 Exhibit D - Proposed Default Judgment).(Uphaus, Elizabeth) |
| Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 19 MEMO ENDORSEMENT on re: #13 Letter filed by Remcoda, LLC ENDORSEMENT: By March 25, 2021, Plaintiff shall move for default judgment pursuant to the procedures described in Attachment A of the Court's Individual Rules. ( Motions due by 3/25/2021.) (Signed by Judge Lorna G. Schofield on 3/2/2021) (cf) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Remcoda, LLC..(Uphaus, Elizabeth) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 3/2/2021 (km). |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Remcoda, LLC.(Uphaus, Elizabeth) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 3/2/2021 (dt). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #22) - STATEMENT OF DAMAGES. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - SR3D Invoice, #2 Exhibit B - November 10, 2020 Payments, #3 Exhibit C - Stand-By Invoices, #4 Exhibit D - January 13, 2021 Partial Refund, #5 Exhibit E - February 17, 2021 Partial Refund, #6 Exhibit F - US Foods Purchase Orders, #7 Exhibit G - Plaintiff's Calculation of Damages).(Uphaus, Elizabeth) Modified on 3/2/2021 (ldi). |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #21) - DECLARATION of Elizabeth Uphaus, Esq. in Support re: #14 Proposed Order to Show Cause Without Emergency Relief. Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Executed Affidavit of Service, #3 Exhibit C - Clerk's Certificate of Default, #4 Exhibit D - Proposed Default Judgment).(Uphaus, Elizabeth) Modified on 3/2/2021 (ldi). |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/2/2021 (km). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #23 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Elizabeth Uphaus regarding Document No. #14 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): Wrong date in the Order to Show Cause. Do not refile the document since it was correctly filed at document #20. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Elizabeth Uphaus to RE-FILE Document #17 Proposed Default Judgment. ERROR(S): Did not include % Rate for prejudgment interest, did not leave a blank space for the interest to be calculated, and did not include until the date of entry of judgment, after prejudgment interest from December 10, 2021 (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Elizabeth Uphaus to RE-FILE Document No. #18 Proposed Default Judgment. The filing is deficient for the following reason(s): the date to calculate interest from needs to be changed (it says December 10, 2021). Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. (km) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Elizabeth G. Uphaus, Esq. dated 03/01/2021 re: Dkt. No 12. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
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Filing 12
ORDER: WHEREAS, on January 27, 2021, Plaintiff filed the complaint, asserting that the Court has jurisdiction over this action pursuant to 28 U.S.C. 1332. It is hereby ORDERED that, by March 3, 2021, Plaintiff shall file a letter including a brief statement as to the basis of subject matter jurisdiction and venue. The statement shall include citations to relevant statutes, and shall explain the factual basis for jurisdiction, including (i) in the case of Defendant corporation, the principal place of business and place of incorporation, and (ii) in the case of Plaintiff limited liability company, the citizenship of each of the entity's members. If any of the members of Plaintiff limited liability company are also limited liability entities, Plaintiff shall disclose the citizenship of the members of those limited liability companies and so on, until no limited liability companies remain. (Signed by Judge Lorna G. Schofield on 2/24/2021) (cf)
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| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to SR3D Intl Holdings Corp., issued February 23, 2021.(dt) |
| Filing 10 DECLARATION of Elizabeth Uphaus, Esq. re: #9 Proposed Clerk's Certificate of Default . Document filed by Remcoda, LLC. (Attachments: #1 Exhibit A - Proposed Certificate of Default, #2 Exhibit B - Executed Affidavit of Service).(Uphaus, Elizabeth) |
| Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/23/2021 (dt). |
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Filing 8
ORDER: It is hereby ORDERED that a conference will be held at April 8, 2021 at 10:40 a.m. The conference will be telephonic. (As further set forth in this ORDER.) Initial Conference set for 4/8/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/16/2021) (nb)
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| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. SR3D Intl Holdings Corp. served on 1/29/2021, answer due 2/19/2021. Service was accepted by John Stickler. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to SR3D Intl Holdings Corp.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elizabeth Uphaus. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0294; Dollar Demand $391,400,000. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $391,000. (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 Lorna G. Schofield. 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 5 NOTICE OF APPEARANCE by Glen Bernard Lenihan on behalf of Remcoda, LLC..(Lenihan, Glen) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to SR3D Intl Holdings Corp., re: #1 Complaint. Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
| Filing 2 CIVIL COVER SHEET filed..(Uphaus, Elizabeth) |
| Filing 1 COMPLAINT against SR3D Intl Holdings Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23717359)Document filed by Remcoda, LLC..(Uphaus, Elizabeth) |
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| Defendant: SR3D Intl Holdings Corp. | |
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| Plaintiff: Remcoda, LLC | |
| Represented By: | Glen Bernard Lenihan |
| Represented By: | Elizabeth Uphaus |
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