Ramus v. Bruwer et al
| Joshua Ramus |
| Graham R. Bruwer and Gerard E. Metoyer |
| 1:2023cv01770 |
| March 1, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| None |
Docket Report
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Filing 21
CERTIFICATE OF SERVICE of April 21, 2023 Order served on Graham R. Bruwer and Gerard E. Metoyer on 4/21/23. Service was made by Mail. Document filed by Joshua Ramus. (Attachments: #1 Exhibit A - Proof of Delivery via Federal Express).(Akselrod, Daniel)
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Filing 20
ORDER It is hereby ORDERED that no later than May 5, 2023, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and Section 3.D of the Court's 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 May 19, 2023. Plaintiff shall file any reply no later than May 26, 2023. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on June 7, 2023, at 10:00 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 action and oppose the motion for default judgment prior to the scheduled court appearance on June 7, 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. SO ORDERED. (Motions due by 5/5/2023., Responses due by 5/19/2023, Replies due by 5/26/2023., Initial Conference set for 6/7/2023 at 10:00 AM before Judge John P. Cronan., Telephone Conference set for 6/7/2023 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 4/19/2023) (jca)
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Filing 19
CLERK'S CERTIFICATE OF DEFAULT as to Gerard E. Metoyer.(km)
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Filing 18
CLERK'S CERTIFICATE OF DEFAULT as to Graham R. Bruwer.(km)
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Filing 17
DECLARATION of Daniel Akselrod, Esq. in Support re: #16 Proposed Clerk's Certificate of Default. Document filed by Joshua Ramus. (Attachments: #1 Exhibit A - Affidavit of Service, #2 Supplement Request for Certificate of Default).(Akselrod, Daniel)
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Filing 16
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus..(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (km).
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Filing 15
DECLARATION of Daniel Akselrod, Esq. re: #14 Proposed Clerk's Certificate of Default of Graham R. Bruwer. Document filed by Joshua Ramus. (Attachments: #1 Exhibit A - Affidavit of Service, #2 Supplement Request for Certificate of Default).(Akselrod, Daniel)
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Filing 14
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus..(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (km).
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus. (Attachments: #1 Affidavit of Daniel Akselrod, #2 Exhibit A - Affidavit of Service, #3 Supplement Request for Certificate of Default).(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (km).
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus. (Attachments: #1 Affidavit of Daniel Akselrod, #2 Exhibit A - Affidavit of Service, #3 Supplement Request for Certificate of Default).(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (km).
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus. (Attachments: #1 Affidavit of Daniel Akselrod, #2 Text of Proposed Order Clerk's Certificate of Default).(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (tp).
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Joshua Ramus. (Attachments: #1 Affidavit of Daniel Akselrod, #2 Text of Proposed Order Clerk's Certificate of Default).(Akselrod, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/6/2023 (tp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Daniel Akselrod. RE-FILE Document No. #13 Proposed Clerk's Certificate of Default #12 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents are not filed correctly. Please refer to ECF Rule 16.1. 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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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Daniel Akselrod. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default, #11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) the Proposed Clerk's Certificate was not filed on it's own; (2) the Supporting documents were not filed separately under the Declaration. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - file the Declaration separately and attach the supporting documents - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint,. Graham R. Bruwer served on 3/13/2023, answer due 4/3/2023. Service was accepted by GRAHAM R. BRUWER. Document filed by Joshua Ramus..(Akselrod, Daniel)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint,. Gerard E. Metoyer served on 3/6/2023, answer due 3/27/2023. Service was accepted by GERARD E. METOYER. Document filed by Joshua Ramus..(Akselrod, Daniel)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Gerard E. Metoyer. (sj)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Gerard E. Metoyer, re: #1 Complaint,. Document filed by Joshua Ramus..(Akselrod, Daniel)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Graham R. Bruwer. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Akselrod. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)
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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)
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Case Designated ECF. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Akselrod to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name as to whom the summons request is for must match exactly in 'TO' field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Filing 4
CIVIL COVER SHEET filed..(Akselrod, Daniel)
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Filing 3
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Gerard E. Metoyer, re: #1 Complaint. Document filed by Joshua Ramus.(Akselrod, Daniel) Modified on 3/2/2023 (sj).
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Filing 2
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Graham R. Bruwer, re: #1 Complaint. Document filed by Joshua Ramus..(Akselrod, Daniel) Modified on 3/2/2023 (sj).
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Filing 1
COMPLAINT against Joshua Ramus. (Filing Fee $ 402.00, Receipt Number ANYSDC-27407681)Document filed by Joshua Ramus. (Attachments: #1 Exhibit A - AIA Contract, #2 Exhibit B - Partial Lien Waiver, #3 Exhibit C - Application for Payment No. 8).(Akselrod, Daniel)
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