Bellridge Capital, LP v. EVMO, Inc
| Bellridge Capital, LP |
| EVMO, Inc and YayYo, Inc. and Rideshare Rental, Inc. |
| 1:2021cv07091 |
| August 23, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 40
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/27/22 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....(Moya, Goretti)
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Filing 39
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/27/2022 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Kelly Surina, (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 3/4/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/12/2022..(Moya, Goretti)
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Filing 38
ANSWER to #1 Complaint,. Document filed by EVMO, Inc. (Attachments: #1 Exhibit 1 - Warrant Amendment).(Nealon, James)
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Filing 37
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EVMO, Inc..(Nealon, James)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 1/27/2022. (Court Reporter Kelly Surina) (mr)
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Filing 36
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the Court adopts the following Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil Procedure 16 and 26(f). All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. No additional parties may be joined except with leave of the Court. Except for good cause shown, any motion to join additional parties must be filed within 30 days from the date of this Order. A party may not amend its pleadings except with leave of the Court. Except for good cause shown, any motion to amend pleadings must be filed within 30 days from the date of this Order. No later than 14 days following the close of fact discovery, all counsel must meet face-to-face for at least one hour to discuss settlement. Counsel for the parties have conferred and their present best estimate of the length of trial is one week or less. Deposition due by 4/25/2022. Fact Discovery due by 4/25/2022. Expert Discovery due by 5/25/2022. Pretrial Conference set for 4/28/2022 at 10:00 AM before Judge Paul G. Gardephe. (And as further set forth herein.) SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/27/2022) (jca)
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Filing 35
ORDER granting #26 Motion to Set Aside Default re #26 CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment. filed by EVMO, Inc. For the reasons stated on the record today, Plaintiffs motion for default judgment is denied. (Dkt. No. 19) Defendants cross-motion to vacate the Clerks Certificate of Default is granted. (Dkt. Nos. 26) The Clerk of Court is directed to vacate the Clerk's Certificate of Default at Docket Entry 11 and terminate the motion at Docket Entry 26. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/27/2022) (jca)
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Filing 34
ORDER: The telephonic hearing, currently scheduled for January 27, 2022 at 4:15 p.m., will instead take place on January 27, 2022 at 11:15 a.m. SO ORDERED. ( Telephone Conference set for 1/27/2022 at 11:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/20/2022) (tg)
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Filing 33
DECLARATION of Boris Klimov in Support re: #24 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,,. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 32
DECLARATION of William Gyves in Support re: #24 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,,. Document filed by Bellridge Capital, LP. (Attachments: #1 Exhibit A- True and correct copy of EVmos counsels September 30, 2021 email and attachment).(Gyves, William)
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Filing 31
REPLY MEMORANDUM OF LAW in Support re: #24 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, REPLY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS APPLICATION FOR DEFAULT JUDGMENT AND IN OPPOSITION TO CROSS-MOTION TO SET ASIDE DEFAULT. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 30
DECLARATION of James Nealon in Support re: #26 CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment.. Document filed by EVMO, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Nealon, James)
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Filing 29
DECLARATION of Scot J. Foley in Support re: #26 CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment.. Document filed by EVMO, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Nealon, James)
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Filing 28
DECLARATION of Ramy El-Batwari in Support re: #26 CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment.. Document filed by EVMO, Inc. (Attachments: #1 Exhibit A).(Nealon, James)
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Filing 27
DECLARATION of Terren Peizer in Support re: #26 CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment.. Document filed by EVMO, Inc..(Nealon, James)
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Filing 26
CROSS MOTION to Set Aside Default and Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment. Document filed by EVMO, Inc..(Nealon, James)
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Filing 25
AFFIDAVIT OF SERVICE of Documents Re: Order to Show Cause [ECF 24] served on Evmo, Inc. f/k/a Yay Yo, Inc. on December 29, 2021. Service was accepted by Monia Christianson. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 24
ORDER TO SHOW CAUSE FORDEFAULT JUDGMENT: It is: ORDERED, that defendant EVmo, Inc., f/k/a YayYo, Inc. and f/k/a/ Rideshare Rental, Inc. ("EVmo"), appear and show cause before the Honorable Paul G. Gardephe, on the 27th day of January, 2022 at 4:15 p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 55(a) and Rule 55 (b)(2) of the Federal Rules of Civil Procedure, awarding entry of a default judgment against EVmo in the amount of $3,235,500.00, plus costs, interest and attorneys' fees; and it is further ORDERED that personal service of a copy of this order, annexed declaration and exhibits upon EVmo, on or before January 3, 2022, shall be deemed good and sufficient service thereof; and it is further ORDERED that EVmo's response, if any, must be served and filed by January 11, 2022, with a courtesy copy delivered to Chambers. Bellridge Capital's Reply brief, if any, must be served and filed by January 18, 2022, with a courtesy copy delivered to Chambers. ORDERED that, at the scheduled time, the parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the hearing by dialing the same number and using the same access code. The Court is holding multiple telephone conferences and hearings on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Two days before the hearing, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/28/2021) ( Show Cause Hearing set for 1/27/2022 at 04:15 PM before Judge Paul G. Gardephe.), ( Responses due by 1/11/2022, Replies due by 1/18/2022.) (ks)
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Filing 23
PROPOSED CONSENT ORDER. Document filed by EVMO, Inc..(Nealon, James)
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Filing 22
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Bellridge Capital, LP..(Gyves, William) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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Filing 21
DECLARATION of Jeffrey Manning in Support re: #19 Proposed Order to Show Cause Without Emergency Relief. Document filed by Bellridge Capital, LP. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gyves, William)
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Filing 20
DECLARATION of William Gyves in Support re: #19 Proposed Order to Show Cause Without Emergency Relief. Document filed by Bellridge Capital, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Gyves, William)
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Filing 19
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Bellridge Capital, LP..(Gyves, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #22 Proposed Default Judgment was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #19 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/13/2021) Motions due by 12/23/2021. (ks)
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Filing 17
LETTER MOTION for Extension of Time For Bellridge Capital to Move for a Default Judgment addressed to Judge Paul G. Gardephe from William S. Gyves dated December 10, 2021. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. Motions due by 12/13/2021.. (Signed by Judge Paul G. Gardephe on 11/30/2021) (kv)
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Filing 15
LETTER MOTION for Extension of Time of Default Motion Filing Deadline addressed to Judge Paul G. Gardephe from William S. Gyves dated November 22, 2021. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 14
NOTICE OF APPEARANCE by James Edward Nealon on behalf of EVMO, Inc..(Nealon, James)
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Set/Reset Deadlines: Motions due by 12/1/2021. (ks)
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Filing 13
ORDER granting #12 Letter Motion to Adjourn Conference. The conference in this matter currently scheduled for November 18, 2021 is adjourned sine die. Plaintiff will move for default judgment by December 1, 2021. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/15/2021) (ks)
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Filing 12
LETTER MOTION to Adjourn Conference re: initial pre-trial conference scheduled on 11/18/21 addressed to Judge Paul G. Gardephe from William S. Gyves dated 11/10/2021. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 11
Vacated as per Judge's Order dated 1/27/2022, Doc. #35 CLERK'S CERTIFICATE OF DEFAULT as to EVMO, INC., f/k/a YayYo, Inc. and Rideshare Rental, Inc.(km) Modified on 1/27/2022 (jca).
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Filing 10
AFFIDAVIT of Glenn T. Graham IN SUPPORT OF PLAINTIFF'S REQUEST TO ENTER DEFAULT. Document filed by Bellridge Capital, LP. (Attachments: #1 Request to Enter Default).(Gyves, William)
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Filing 9
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Bellridge Capital, LP..(Gyves, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/29/2021 (km).
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Filing 8
SUMMONS RETURNED EXECUTED Summons and Complaint, served. EVMO, Inc served on 9/7/2021, answer due 9/28/2021. Service was accepted by Jennifer Lowe. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 7
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/18/2021 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/25/2021) (tg)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to EVMO, Inc. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William S. Gyves. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294 Breach of Contract; Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 2 (Citizen of Another State). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc Diversity-Breach of Contract; the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State). (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(vf)
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Magistrate Judge Sarah L. Cave 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. (vf)
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Case Designated ECF. (vf)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Bellridge Capital LLC, Other Affiliate Bay Private Equity, Inc. for Bellridge Capital, LP. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to EVmo Inc., f/k/a YayYo, Inc. and Rideshare Rental, Inc. c/o Registered Agents Inc., re: #1 Complaint,. Document filed by Bellridge Capital, LP..(Gyves, William)
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Filing 3
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bellridge Capital, LP..(Gyves, William) Modified on 8/23/2021 (lb).
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Filing 2
CIVIL COVER SHEET filed..(Gyves, William)
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Filing 1
COMPLAINT against EVMO, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-24966858)Document filed by Bellridge Capital, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Gyves, William)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney William S. Gyves to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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