Amity Digital LLC v. Helix Digital Inc. et al
| Amity Digital LLC |
| Helix Digital Inc. and James Waltz |
| 1:2023cv11044 |
| December 20, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on March 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 AFFIDAVIT OF SERVICE of OTSC, Default Judgment, Affidavit with Exhibits, Memo of Law served on James Waltz on January 30, 2024. Service was accepted by Karen Waltz. Document filed by Amity Digital LLC..(Mack, William) |
| Filing 18 AFFIDAVIT OF SERVICE of OTSC, Default Judgment, Affidavit with Exhibits, Memo of Law served on Helix Digital, Inc on January 30, 2024. Service was accepted by Karen Waltz. Document filed by Amity Digital LLC..(Mack, William) |
Filing 17
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon the affidavit of William H. Mack, sworn to on January 23, 2024, and upon the copy of the Complaint hereto attached it is ORDERED, that Defendants Helix Digital Inc. and James Waltz appear before this Court, via teleconference, using the dial-in 888-363-4749, and the access code 2682448, on February 29, 2024 at 4:00 p.m., and show cause as to why an order should not be issued pursuant to Rule 55(a) of the Federal Rules of Civil Procedure entering a judgment of default against Defendants for failing to respond to the Complaint or otherwise appear in this action before the deadline prescribed by Rule 12 of the Federal Rules of Civil Procedure; and it is further ORDERED that a copy of this order, together with the papers upon which it is granted, be personally served upon the Defendants or their attorney on or before February 2, 2024 and file such proof of service on the docket before February 7, 2024. ( Telephone Conference set for 2/29/2024 at 04:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/25/2024) (tg)
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| Filing 16 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Amity Digital LLC..(Mack, William) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 Affidavit in Support, #13 Proposed Order to Show Cause Without Emergency Relief . Document filed by Amity Digital LLC..(Mack, William) |
| Filing 14 AFFIDAVIT of William H. Mack in Support re: #13 Proposed Order to Show Cause Without Emergency Relief. Document filed by Amity Digital LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavits of Service, #3 Exhibit C - Clerk's Certificate of Default, #4 Exhibit D - Indebtedness Agreement, #5 Exhibit E - Legal Bills, #6 Exhibit F - Costs and Disbursements).(Mack, William) |
| Filing 13 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Amity Digital LLC..(Mack, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 12 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Amity Digital LLC. (Attachments: #1 Proposed Order Proposed Default Judgment, #2 Affidavit Affidavit in Support of Default Motion, #3 Exhibit A - Complaint, #4 Exhibit B - Affidavits of Service, #5 Exhibit C - Clerk's Certificate of Default, #6 Exhibit D - Indebtedness Agreement, #7 Exhibit E - Legal Bills, #8 Exhibit F - Costs and Disbursements).(Mack, William) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 1/24/2024 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney William Mack to RE-FILE Document No. #11 Proposed Order to Show Cause Without Emergency Relief,. The filing is deficient for the following reason(s): (a) the wrong event type was used to file the proposed order; (b) all supporting document must be filed separately. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney William Mack to RE-FILE Document No. #10 Proposed Order to Show Cause Without Emergency Relief,. The filing is deficient for the following reason(s): supporting documents filed incorrectly. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.. (nd) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #16 Proposed Default Judgment was reviewed and approved as to form. (tp) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Amity Digital LLC..(Mack, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 1/24/2024 (nd). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Amity Digital LLC..(Mack, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 1/24/2024 (nd). |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Helix Digital Inc. and James Waltz.(km) |
| Filing 8 DECLARATION of William H. Mack re: #7 Proposed Clerk's Certificate of Default . Document filed by Amity Digital LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavits of Service).(Mack, William) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Amity Digital LLC..(Mack, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/23/2024 (km). |
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Filing 6
ORDER: Accordingly, if Plaintiff intends to seek a default judgment, it is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than January 25, 2024. If Plaintiff fails to do so or otherwise demonstrate that it intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/19/2024) (rro)
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| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Helix Digital Inc. served on 12/27/2023, answer due 1/17/2024; James Waltz served on 12/27/2023, answer due 1/17/2024. Service was accepted by Karen Waltz. Document filed by Amity Digital LLC..(Mack, William) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Helix Digital Inc., James Waltz..(pc) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William Hynes Mack to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Multiple Jurisdictions were selected, choose one. If jurisdiction is Federal Question, do not fill out citizenship of principal parties. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Hynes Mack. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Helix Digital Inc. and James Waltz, re: #1 Complaint. Document filed by Amity Digital LLC..(Mack, William) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Mack, William) Modified on 12/22/2023 (pc). |
| Filing 1 COMPLAINT against Helix Digital Inc., James Waltz. (Filing Fee $ 405.00, Receipt Number ANYSDC-28722395)Document filed by Amity Digital LLC..(Mack, William) |
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