Oliver Wyman Actuarial Consulting, Inc. v. GloriFi Insurance Holding Company, LLC et al
| Oliver Wyman Actuarial Consulting, Inc. |
| GloriFi Insurance Holding Company, LLC and GloriFi Managing General Agency, LLC |
| 1:2022cv10206 |
| December 1, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 2/28/2023 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....(McGuirk, Kelly) |
| Filing 27 TRANSCRIPT of Proceedings re: HEARING held on 2/28/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Steven Greenblum, (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 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023..(McGuirk, Kelly) |
Filing 26
JUDGMENT it is HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs' Motion is GRANTED with respect to Count I of the Complaint: 1. Pursuant to Federal Rule of Civil Procedure 55(b)(2), default judgment is entered in this matter in favor of Plaintiff against Defendants on Plaintiff's claim for breach of contract (Count I of the Complaint). 2. Plaintiff's claims for account stated, promissory estoppel, and unjust enrichment (Counts II, III and IV of the Complaint) are dismissed without prejudice. 3. Plaintiff is entitled to damages from Defendants in the amount of $1,047,616.25, representing the total amount of 11 unpaid invoices. 4. Plaintiff is further entitled to damages from Defendants in the form of pre-judgment interest from the date of each unpaid invoice to the date of this judgment, at the rate of 9% per annum, as follows: 5. Plaintiff is further entitled to damages from Defendants in the form of post-judgment interest from the date of entry of judgment pursuant to 28 U.S.C. 1961. SO ORDERED. GloriFi Insurance Holding Company, LLC and GloriFi Managing General Agency, LLC terminated. (Signed by Judge John P. Cronan on 3/1/2023) (jca)
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Filing 25
ORDER granting #19 Motion for Default Judgment. Accordingly, IT IS HEREBY ORDERED that Defendants are liable pursuant to Count I of the Complaint for breach of contract; IT IS HEREBY FURTHER ORDERED that Counts II, III and IV of the Complaint are dismissed without prejudice; and IT IS HEREBY FURTHER ORDERED that a default judgment is awarded to Plaintiff in the amount of $1,047,616.25, plus pre-judgment interest from the date of each unpaid invoice at the rate of 9% per annum, and post-judgment interest from the date of entry of judgment pursuant to 28 U.S.C. 1961. Entry of judgment to follow. The Clerk of Court is respectfully directed to close Docket Number 19. SO ORDERED. (Signed by Judge John P. Cronan on 3/1/2023) (tg)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (km) |
| Filing 24 PROPOSED ORDER. Document filed by Oliver Wyman Actuarial Consulting, Inc.. Related Document Number: #19 ..(Bentley, Lisa) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 PROPOSED JUDGMENT. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Oliver Wyman Actuarial Consulting, Inc.. Related Document Number: #19 ..(Bentley, Lisa) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/28/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Lisa Bentley to RE-FILE Document No. #22 Proposed Order. The filing is deficient for the following reason(s): Please add a space for the interest calculations to be added in. The section of the document where it mentions pre-judgment interest at the rate of 9%, please add from _______(date) until _________(date), in the amount of $_________. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km) |
| Filing 21 AFFIDAVIT OF SERVICE of Motion for Default Judgment served on GloriFi Managing General Agency, LLC on January 27, 2023. Service was accepted by Daniel Koehl, authorized agent. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 20 CERTIFICATE OF SERVICE of Motion for Default Judgment served on GloriFi Insurance Holding Co., LLC and GloriFi Managing General Agency, LLC on January 26, 2023. Service was accepted by Kim Lopez, authorized agent. Service was made by Mail. Document filed by Oliver Wyman Actuarial Consulting, Inc.. (Attachments: #1 Exhibit A - Affidavit of Personal Service Defendant 1, #2 Exhibit B - Courier Service on Defendant 1, #3 Exhibit C - Courier Service on Defendant 2).(Bentley, Lisa) |
| Filing 19 MOTION for Default Judgment as to GloriFi Insurance Holding Co., LLC and GloriFi Managing General Agency, LLC. Document filed by Oliver Wyman Actuarial Consulting, Inc.. Responses due by 2/7/2023 Return Date set for 2/28/2023 at 11:00 AM. (Attachments: #1 Affidavit Declaration of Lisa Bentley, #2 Exhibit A - Complaint and Exhibits, #3 Exhibit B - LLC Registration Def.1, #4 Exhibit C - LLC Registration Def. 2, #5 Exhibit D - Affidavit of Service Def. 1, #6 Exhibit E - Affidavit of Service Def. 2, #7 Exhibit F - Clerk's Certificate Def. 1, #8 Exhibit G - Clerk's Certificate Def. 2, #9 Affidavit Declaration of Richard Babel, #10 Exhibit 1 - Agreement 1, #11 Exhibit 2 - Agreement 2, #12 Exhibit 3 - Agreement 3, #13 Exhibit 4 - Invoices and Cover Letters, #14 Supplement Memorandum of Law in Support, #15 Text of Proposed Order Proposed Order).(Bentley, Lisa) |
| Filing 18 CERTIFICATE OF SERVICE of Order served on GloriFi Insurance Holding Co., LLC and GloriFi Managing General Agency, LLC on 1/10/2023. Service was made by Mail. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
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Filing 17
ORDER It is hereby ORDERED that no later than January 24, 2023, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and 3.D of the Courts Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Defendants shall file any opposition to the motion for default judgment no later than February 7, 2023. Plaintiff shall file any reply no later than February 14, 2023. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on February 28, 2023, at 11:00 a.m., why an order should not be issued granting a default judgment against Defendants. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendants appear in this case and oppose the motion for default judgment prior to the scheduled court appearance on February 28, 2023, that court appearance shall also serve as an Initial Case Management Conference pursuant to 5.B of the Court's Individual Rules and Practices in Civil Cases. It is further ORDERED that Plaintiff serve Defendants via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. (And as further set forth herein.)SO ORDERED. (Motions due by 1/24/2023., Responses due by 2/7/2023, Replies due by 2/14/2023., Initial Conference set for 2/28/2023 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/10/2023) (jca)
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| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to GloriFi Managing General Agency, LLC.(km) |
| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to GloriFi Insurance Holding Company, LLC.(km) |
| Filing 14 DECLARATION of Lisa Bentley re: #12 Proposed Clerk's Certificate of Default, #13 Proposed Clerk's Certificate of Default, . Document filed by Oliver Wyman Actuarial Consulting, Inc.. (Attachments: #1 Supplement Request for Clerk's Certificate of Default).(Bentley, Lisa) |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/9/2023 (km). |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/9/2023 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Oliver Wyman Actuarial Consulting, Inc.. (Attachments: #1 Affidavit Declaration of Lisa Bentley, #2 Exhibit 1 - Proposed Certificate 1, #3 Exhibit 2 - Proposed Certificate 2).(Bentley, Lisa) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/9/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Lisa Bentley. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The clerk's certificates that were filed are not as to form. Please use the sample clerk's certificate that is on our website under forms. Re-file each proposed clerk's certificate separately as one entry (Filed under Proposed Orders, Proposed Clerk's Certificate of default). The declaration in support is filed as a separate entry. (Filed under other answers, declaration in support of a non-motion. Your request to enter default can be filed as an attachment to the declaration). (km) |
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Filing 10
ORDER: On December 7, 2022, Plaintiff served Defendants with copies of the Summons and Complaint. Dkts. 8-9. Defendants' deadline to respond to the Complaint was therefore December 28, 2022. See Fed. R. Civ. P. 12(a)(1)(A)(i). That deadline has passed, and the docket does not reflect a response to the Complaint from Defendants. Accordingly, the Court extends sua sponte Defendants' deadline to respond to the Complaint until January 6, 2023. If Defendants once again fail to respond to the Complaint by their deadline to do so, Plaintiff should seek Certificates of Default by January 13, 2023. SO ORDERED., GloriFi Insurance Holding Company, LLC answer due 1/6/2023; GloriFi Managing General Agency, LLC answer due 1/6/2023. (Signed by Judge John P. Cronan on 12/29/2022) (ama)
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| Filing 9 CERTIFICATE OF SERVICE. GloriFi Managing General Agency, LLC served on 12/7/2022, answer due 12/28/2022. Service was accepted by Daniel Koehl, authorized agent. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 8 CERTIFICATE OF SERVICE. GloriFi Insurance Holding Company, LLC served on 12/7/2022, answer due 12/28/2022. Service was accepted by Kim Lopez, authorized agent. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Analisa Torres is no longer assigned to the case. (vba) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to GloriFi Managing General Agency, LLC. (sj) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to GloriFi Insurance Holding Company, LLC. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lisa Dennis Bentley. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,048,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,048,000. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marsh McLennan Companies, Inc., Corporate Parent Mercer Consulting Group, Inc. for Oliver Wyman Actuarial Consulting, Inc.. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to GloriFi Managing General Agency, LLC, re: #1 Complaint,. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to GloriFi Insurance Holding Company, LLC, re: #1 Complaint,. Document filed by Oliver Wyman Actuarial Consulting, Inc...(Bentley, Lisa) |
| Filing 2 CIVIL COVER SHEET filed..(Bentley, Lisa) |
| Filing 1 COMPLAINT against GloriFi Insurance Holding Company, LLC, GloriFi Managing General Agency, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27029033)Document filed by Oliver Wyman Actuarial Consulting, Inc.. (Attachments: #1 Exhibit 1 - Dec. 10, 2021 Agreement, #2 Exhibit 2 - Jan. 8, 2022 Agreement, #3 Exhibit 3 - Feb. 14, 2022 Agreement, #4 Exhibit 4 - Invoices).(Bentley, Lisa) |
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