Infinite Computer Solutions, Inc. v. iYogi, Inc.
| Infinite Computer Solutions, Inc. |
| iYogi, Inc. |
| 1:2015cv10076 |
| December 28, 2015 |
| US District Court for the Southern District of New York |
| James L Cott |
| Paul G Gardephe |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| ABSTRACT OF JUDGMENT: in favor of Infinite Computer Solutions, Inc., against IYOGI, Inc. in the amount of $7,361,256.64 plus interest of %$1,611.64 per day from October 19, 2016 until judgment is satisfied, issued on April 6, 2017. (dt) |
Filing 35
DEFAULT JUDGMENT: It is ORDERED, ADJUDGED, AND DECREED that Plaintiff Infinite Computer Solutions, Inc. have judgment against iYogi in the amount of Seven Million, Three Hundred and Sixty Thousand, Two Hundred and Fifty Six Dollars and Sixty One Cents ($7,361,256.61, which amount includes $6,538,112.49 in principal and $823,144.12 in interest calculated through October 18, 2016) plus interest in the amount of One Thousand Six Hundred and Eleven Dollars and Sixty Four Cents ($1,611.64) per day from October 19, 2016 until the date the Judgment is satisfied; and it is further ORDERED, ADJUDGED, AND DECREED that this Court reserves jurisdiction over the parties hereto to enforce this Judgment; and it is further ORDERED, ADJUDGED, AND DECREED that Infinite Computer Solutions, Inc. shall have execution of judgment. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 10/19/2016) (kl)
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| Filing 34 LETTER addressed to Judge Paul G. Gardephe from Katherine A. Skeele dated October 19, 2016 re: Entry of Default Judgment. Document filed by Infinite Computer Solutions, Inc.. (Attachments: #1 proposed judgment)(Skeele, Katherine) |
| Minute Entry for proceedings held before Judge Paul G. Gardephe: Default Hearing held on 10/18/2016. (Court Reporter Rose Prater) (mr) |
| Filing 33 AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Documents served on iYogi, Inc. on 10/4/16. Service was made by Federal Express to James J. DeCristofaro, Esq.. Document filed by Infinite Computer Solutions, Inc.. (Skeele, Katherine) |
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Filing 32
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for October 13, 2016 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 10/11/2016) (cla)
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| Filing 31 MEMORANDUM OF LAW in Support re: #28 Order to Show Cause,, . Document filed by Infinite Computer Solutions, Inc.. (Skeele, Katherine) |
| Filing 30 AFFIDAVIT of Ashoka Tankala in Support re: #28 Order to Show Cause,,. Document filed by Infinite Computer Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Skeele, Katherine) |
| Filing 29 AFFIDAVIT of Katherine A. Skeele in Support re: #28 Order to Show Cause,,. Document filed by Infinite Computer Solutions, Inc.. (Attachments: #1 Exhibit 5-9)(Skeele, Katherine) |
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Filing 28
ORDER TO SHOW CAUSE: It is hereby ORDERED that Defendant iYogi show cause before this Court, at Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York 10007, on the 18th day of October, 2016, at 4:00 p.m. why a default judgment should not be issued against iYogi pursuant to Rule 37(b)(2(A) and/or 55 of the Federal Rules of Civil Procedure. (As further set forth in this Order) Show Cause Hearing set for 10/18/2016 at 04:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/4/2016) (kl)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to file motion by order to show cause for entry of default judgment against iYogi. The Application is granted. (Motions due by 9/23/2016.) (Signed by Judge Paul G. Gardephe on 9/17/2016) (cla)
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| Filing 26 LETTER MOTION for Extension of Time to file motion by order to show cause for entry of default judgment againt iYogi, addressed to Judge Paul G. Gardephe from Katherine Skeele dated September 15, 2016. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Infinite Computer Solutions, Inc. re: default or permission to pursue a motion for summary judgment. ENDORSEMENT: Plaintiff will proceed by way of an order to show cause why a default judgment should not be entered. Plaintiff's application will comply with this Court's Individual Rules concerning application for a default judgment. Plaintiff will submit its order to show cause by Sept. 16, 2016. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/6/2016) (kko)
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| Filing 24 LETTER addressed to Judge Paul G. Gardephe from Katherine Skeele dated September 2, 2016 re: default or permission to pursue a motion for summary judgment.. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 9/1/2016. (Tam, David) |
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Filing 23
ORDER granting #21 Letter Motion for Discovery. Judge Gardephe referred this discovery dispute to me on August 22. To date, defendant has not responded to plaintiff's letter-motion. Accordingly, defendant is directed to submit its response no later than August 30. The Court will hold a telephone conference on September 1 at 3 p.m. to address the issues presented in plaintiff's letter-motion. The parties are directed to meet-and-confer before the September 1 conference to see if they can resolve or narrow their disputes. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Dkt. No. #21 . Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2016) (kl).
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| Filing 21 LETTER MOTION for Discovery /discovery dispute and request for pre-motion discovery conference addressed to Judge Paul G. Gardephe from Katherine Skeele dated August 18, 2016. Document filed by Infinite Computer Solutions, Inc.. (Attachments: #1 Exhibit 1-6)(Skeele, Katherine) |
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Filing 20
ORDER terminating #18 Letter Motion for Conference. The conference is adjourned to Oct. 13, 2016 at 11:00 A.M. Defendant will respond to Plaintiff's pre-motion letter by August 24, 2016. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/15/2016) (kl) Modified on 8/16/2016 (kl).
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Filing 19
MEMO ENDORSEMENT on re: #16 Notice of Substitution of Attorney filed by iYogi, Inc. ENDORSEMENT: SO ORDERED. Attorney James DeCristofaro for iYogi, Inc. added. Attorney Robert Marc Steckman terminated. (Signed by Judge Paul G. Gardephe on 8/15/2016) (kko)
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| Set/Reset Hearings: Pretrial Conference set for 10/13/2016 at 11:00 AM before Judge Paul G. Gardephe. Status Conference set for 10/13/2016 at 11:00 AM before Judge Paul G. Gardephe. (kl) |
| Filing 18 LETTER MOTION for Conference /Pre-Motion Conference addressed to Judge Paul G. Gardephe from Katherine Skeele dated August 9, 2016. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
| Filing 17 LETTER addressed to Judge Paul G. Gardephe from Robert M. Steckman dated August 4, 2016 re: Request to "So Order" consent to change attorney. Document filed by iYogi, Inc.. (Attachments: #1 Consent to change attorney)(Steckman, Robert) |
| Filing 16 NOTICE of Substitution of Attorney. Old Attorney: Robert Steckman, New Attorney: James DeCristofaro, Address: DeCristofaro Law, 260 W 26th Street, Suite 7Q, New York, NY, 10001, (212) 257-2996. Document filed by iYogi, Inc.. (Steckman, Robert) |
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceeding 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. Depositions of fact witnesses due by 8/17/2016. Fact Discovery due by 8/17/2016. Best estimate of the length of trial is 2 days. Next Pretrial Conference set for 8/18/2016 at 10:30 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/20/2016) (tro)
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| Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 5/19/2016, ( Status Conference set for 8/18/2016 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Patricia Nilsen) (mr) |
| Filing 14 JOINT LETTER addressed to Judge Paul G. Gardephe from Katherine Skeele dated May 12, 2016 re: status of this case. Document filed by Infinite Computer Solutions, Inc.. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Skeele, Katherine) |
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Filing 13
NOTICE OF PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on Thursday, May 19, 2016 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (As further set forth in this Order) Initial Conference set for 5/19/2016 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/3/2016) (kl)
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| Magistrate Judge James L. Cott is so redesignated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Cathy Seibel is no longer assigned to the case. (wb) |
| Filing 12 JOINT LETTER addressed to Judge Cathy Seibel from Katherine Skeele dated March 9, 2016 re: Joint request for reassignment to the Foley Square Courthouse. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
| Filing 11 LETTER addressed to Judge Cathy Seibel from Robert M. Steckman dated March 8, 2016 re: Request to appear at initial court conference by telephone. Document filed by iYogi, Inc..(Steckman, Robert) |
| Filing 10 NOTICE of INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P.16 on March 16, 2016 at 11:00 a.m. in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. (Initial Conference set for 3/16/2016 at 11:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.) (yv) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by iYogi, Inc..(Steckman, Robert) |
| Filing 8 ANSWER to #3 Complaint with JURY DEMAND. Document filed by iYogi, Inc..(Steckman, Robert) |
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Filing 7
STIPULATION AND ORDER EXTENDING DEFENDANT'S TIME TO ANSWER, MOVE AGAINST, OR OTHERWISE RESPOND TO COMPLAINT, IT IS HEREBY STIPULATED AND AGREED that the time for Defendant iYogi, Inc. to answer, move against, or otherwise respond to Plaintiff Infinite Computer Solutions, Inc. Complaint is extended to March 2, 2016. The original deadline for iYogi, Inc. to answer, move against, or otherwise respond to the Complaint was January 29, 2016. This is the first request for an extension of Defendants' time to answer, move against, or otherwise respond to the Complaint. Defendants hereby waive any and all defenses relating to improper service of process. So Ordered. (iYogi, Inc. answer due 3/2/2016.) (Signed by Judge Cathy Seibel on 2/2/16) (yv)
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| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. iYogi, Inc. served on 1/8/2016, answer due 1/29/2016. Service was accepted by Nancy Dougherty, an agent of the Secretary of State. Service was made by Hand. Document filed by Infinite Computer Solutions, Inc.. (Skeele, Katherine) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to iYogi, Inc. (vf) |
| Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 400.00. Pay.gov receipt number 0208-11779280, paid on 12/28/2015. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Paul E. Davison is so designated. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to iYogi, Inc., re: #3 Complaint. Document filed by Infinite Computer Solutions, Inc.. (Skeele, Katherine) |
| Filing 3 COMPLAINT against iYogi, Inc.. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Infinite Computer Solutions (Ltd.) for Infinite Computer Solutions, Inc.. Document filed by Infinite Computer Solutions, Inc..(Skeele, Katherine) |
| Filing 1 CIVIL COVER SHEET filed. (Skeele, Katherine) |
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| Plaintiff: Infinite Computer Solutions, Inc. | |
| Represented By: | Katherine Anne Skeele |
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| Defendant: iYogi, Inc. | |
| Represented By: | James DeCristofaro |
| Represented By: | Robert Marc Steckman |
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