Savino Del Bene USA , Inc. v. Eleganza Tiles, Inc.
| Savino Del Bene USA, Inc. |
| Eleganza Tiles, Inc. |
| 1:2023cv05983 |
| July 12, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 21
STIPULATION, IT IS HEREBY AGREED AND STIPULATED to and between the counsel for both parties as follows; 1. The default against the defendant, ELEGANZA TILES, INC. is vacated: 2. The defendant ELEGANZA TILES, INC. shall file an answer to the complaint on or before September 14,2023. The conference previously scheduled for August 30, 2023, is hereby adjourned to September 26, 2023, at 9:00 a.m., and will be held via telephone as a standard initial pretrial conference in accordance this Court's July 17, 2023 Order. See ECF No. 10. SO ORDERED. (Eleganza Tiles, Inc. answer due 9/14/2023.)( Initial Conference set for 9/26/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/24/23) (yv)
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Filing 20
NOTICE of Stipulation to vacate default. Document filed by Eleganza Tiles, Inc...(Pawar, Vik)
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Filing 19
LETTER addressed to Judge Jesse M. Furman from Vik Pawar, Esq. dated 8/24/23 re: default judgment, stipulation to vacate default and setting time for defendant to answer. Document filed by Eleganza Tiles, Inc...(Pawar, Vik)
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Filing 18
NOTICE OF APPEARANCE by Vik Pawar on behalf of Eleganza Tiles, Inc...(Pawar, Vik)
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Filing 17
CERTIFICATE OF SERVICE of Court order and Motion for Entry of Default Judgment served on Eleganza Tiles, Inc. on August 17, 2023. Document filed by Savino Del Bene USA, Inc.. (Attachments: #1 Exhibit A - proof of delivery).(Spector, Andrew)
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Filing 16
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: It is hereby ORDERED that Defendant shall file any opposition to the motion for default judgment by August 25, 2023. Defendant is cautioned that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted).It is further ORDERED that Defendant appear and show cause before this Court on August 30, 2023, at 10:00 a.m., why an order should not be issued granting a default judgment against Defendant. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. No later than Thursday the week prior to the conference date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. In the event that Defendant appears or opposes the motion for default judgment prior to that date, the parties shall prepare to treat that conference as the initial pretrial conference. That is, if Defendant appears, opposes the motion, or seeks a nunc pro tunc extension of time to respond to the complaint, then the parties including Defendant shall follow the pre- conference procedures specified in the Court's Order of July 17, 2023 including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference. See ECF No. 10. It is further ORDERED that Plaintiff serve Defendant via overnight courier with (1) acopy of the motion for default judgment and all supporting papers; and (2) a copy of this Orderby within one business day of the filing of each document. In each case, within two businessdays of service, Plaintiff must file proof of such service on the docket.Finally, it is ORDERED that the initial pretrial conference previously scheduled forOctober 17, 2023 is adjourned sine die. ( Show Cause Hearing set for 8/30/2023 at 10:00 AM before Judge Jesse M. Furman.), ( Responses due by 8/25/2023) (Signed by Judge Jesse M. Furman on 8/14/2023) (tro)
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Filing 15
MOTION for Default Judgment as to defendant Eleganza Tiles, Inc.. Document filed by Savino Del Bene USA, Inc.. (Attachments: #1 Exhibit A - Pleadings, #2 Exhibit B - Affidavit of Service, #3 Affidavit Attorney Declaration, #4 Affidavit Plaintiff Declaration, #5 Proposed Order Proposed Judgment).(Spector, Andrew)
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Filing 14
Vacated as per Judges Order dated 08/24/2023, Doc. # 21 CLERK'S CERTIFICATE OF DEFAULT as to Eleganza Tiles, Inc. (tp) Modified on 8/24/2023 (yv).
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Filing 13
DECLARATION of Andrew Spector re: #12 Proposed Clerk's Certificate of Default . Document filed by Savino Del Bene USA, Inc.. (Attachments: #1 Exhibit Application for Certificate of Default).(Spector, Andrew)
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Filing 12
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Savino Del Bene USA, Inc...(Spector, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 11
AFFIDAVIT OF SERVICE of Complaint served on Eleganza Tiles, Inc. c/o Miauw K Darmawan on 07/17/2023. Service was accepted by Indira Christian, Manager for Eleganza Tiles, Inc. c/o Miauw K Darmawan. Document filed by Savino Del Bene USA, Inc...(Spector, Andrew)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on October 17, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Initial Conference set for 10/17/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/17/2023) (ate)
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Filing 9
CIVIL COVER SHEET filed..(Spector, Andrew)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Eleganza Tiles, Inc...(pc)
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Filing 7
COMPLAINT against Eleganza Tiles, Inc.. Document filed by Savino Del Bene USA, Inc.. (Attachments: #1 Exhibit Shipping Agreement Terms and Conditions, #2 Exhibit Statement of Account).(Spector, Andrew)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SDB Benelux S.A. for Savino Del Bene USA, Inc.. Document filed by Savino Del Bene USA, Inc...(Spector, Andrew)
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SDB Benelux S.A. for Savino Del Bene USA, Inc.. Document filed by SDB Benelux S.A., Savino Del Bene USA, Inc...(Spector, Andrew) Modified on 7/13/2023 (kj).
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Andrew Spector to RE-FILE Document No. #4 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kj)
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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. (pc)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Andrew Spector to RE-FILE Document No. #5 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Robert Spector to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrew Robert Spector to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Robert Spector. The following case opening statistical information was erroneously selected/entered: Dollar Demand $329,338,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $329,000; the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (pc)
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SDB Benelux S.A. for Savino Del Bene USA, Inc.. Document filed by Savino Del Bene USA, Inc...(Spector, Andrew) Modified on 7/13/2023 (kj).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Eleganza Tiles, Inc. c/o Miauw K Darmawan, registered agent, re: #1 Complaint,. Document filed by Savino Del Bene USA, Inc...(Spector, Andrew)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Spector, Andrew) Modified on 7/13/2023 (pc).
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Filing 1
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27990819)Document filed by Savino Del Bene USA, Inc.. (Attachments: #1 Exhibit Shipping Agreement Terms and Conditions, #2 Exhibit Statement of Account).(Spector, Andrew) Modified on 7/13/2023 (pc).
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| Plaintiff: Savino Del Bene USA, Inc. | |
| Represented By: | Andrew Robert Spector |
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| Defendant: Eleganza Tiles, Inc. | |
| Represented By: | Vik Pawar |
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