Hay v. PBR Sales, LLC et al
| Monte Ting Hay |
| PBR Sales, LLC and Pratap Sapra |
| 7:2018cv05736 |
| June 25, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of U.S. |
| Kenneth M. Karas |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
94
NOTICE OF TELECONFERENCE INFORMATION: For the week of April 25, 2022, the Court will hold civil conferences, hearings, and/or oral arguments for this matter by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se ca ses shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/22/2022) (tg)
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Filing
90
ORDER: On January 14, 2022, the Court scheduled a telephone conference in the above-captioned matter for January 19, 2022 at 11:30 a.m. Counsel for plaintiff and defendants did not appear at the January 19, 2022 conference, nor did they contact t he Court to request an adjournment or otherwise notify the Court of an inability to attend the conference. Accordingly, counsel shall submit a letter to the Court by close of business January 21, 2022 explaining in writing the failure to appear on January 19, 2022. Furthermore, the January 19, 2022 conference is rescheduled for February 4, 2022 at 10:30 a.m. SO ORDERED. ( Telephone Conference set for 2/4/2022 at 10:30 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 1/19/2022) (vfr)
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Filing
89
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy, and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes. The party objecting to disclosure, claiming and insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing t he dispute to the attention of the Court as hereinafter set forth. On matters assigned for pre-trial supervision, any party wishing to file objections to a discovery ruling entered orally on the record shall, on the date of the ruling, order a transc ript of the record setting forth the ruling. The transcript shall be ordered on a two (2) day expedited basis. The party then shall have fourteen (14) days from the date of the receipt of the record to file the objections with the assigned District J udge. A failure to order the record in accordance with these directions may result in a failure to timely file objections. The attention of counsel and parties is respectfully directed to Federal Rule of Civil Procedure 30(d) regarding the conduct of depositions. If a privilege objection is raised at a deposition, counsel are directed to contact chambers by telephone during the deposition for a ruling. (As further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/14/2022) (vfr)
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Filing
86
NOTICE OF TELECONFERENCE INFORMATION. For the week of January 10, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/7/22) (yv)
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Filing
83
NOTICE OF TELECONFERENCE INFORMATION: For the week of June 1, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (US A toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initi al conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 5/28/2021) (rro)
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Filing
63
NOTICE OF TELECONFERENCE INFORMATION: For the week of December 14, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Numbe r (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sh all mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For in itial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/14/2020) (jca)
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Filing
54
ORDER: On September 6, 2019, Gary M. Fellner, Esq., filed a Motion To Withdraw as Attorney for Defendants, (Dkt. Nos. 2526), and the Court gave Defendants 30 days to find a replacement counsel, instructing Defendants that corporate parties must b e represented by an attorney, (Dkt. No. 28). By October 6, 2019, no new attorney had filed a notice of appearance on behalf of Defendants on the docket, and Defendants had not indicated to the Court that they intended to obtain replacement counsel. Thus, on November 5, 2019, the Court issued an Order directing Defendants to show cause, within 30 days, as to why the Court should not issue a default judgment against them. (Dkt. No. 29.) Defendants failed to respond, and on December 18, 2019, the Court issued an Order directing Plaintiff to seek a default judgment pursuant to Federal Rule of Civil Procedure 55 and Local Civil Rules 55.1 and 55.2 within 45 days of the Order. (Dkt. No. 30.) Plaintiff subsequently requested an extension to seek a default judgment, which the Court granted. (Dkt. Nos. 3132.) The Court has reviewed the additional documents filed by Plaintiff, and several questions remain. Plaintiff seeks a judgment in the amount of $2,413,794.29, which Counsel fo r Plaintiff represents is comprised of amounts owed under two promissory notes (the 2016 Note" and the "2017 Note"; collectively, the "Notes"). Counsel represents that for the 2016 Note, which was dated July 19, 2016, the outstanding principal sum of $400,000 is owed, along with interest at 15 percent per annum through April 19, 2017, with default interest at 19 percent per annum after that. (Id. 4, 20.) The last payment made on the 2016 Note was in March 201 7. (Id. 4.) Thus, according to Plaintiff's calculations, a total of $436,783.33 is owed on the 2016 Note as of the date of Counsel's Affidavit. In order to support these calculations, Plaintiffs Counsel has submitted both Notes, th e Assignment of the 2017 Note to Plaintiff, and two spreadsheets that purportedly set forth the amount due under each Note. Further, the Court notes that several calculations on the spreadsheet for the 2016 Note are insufficiently explained in Coun sels Affidavit. Finally, Counsel for Plaintiff has insufficiently justified his request for attorney's fees. Counsel represents that his ordinary billing rate is $400 per hour, and for this Action, he "agreed to accept $300 per hour as an accommodation." Thus, before the Court will move forward, Plaintiff must clarify the above discrepancies with the 2016 Note and damages calculations, provide further support and explanation for why an inquest is not appropriate, and further justify or revise the current request for attorneys' fees. Plaintiff shall file such clarification within 30 days of the date of this Order. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/15/2020) (jca)
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Filing
41
ORDER granting 40 LETTER MOTION for Extension of Time to File Motion for Judgment of Default. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/1/2020) (jca)
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Filing
32
ORDER granting 31 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge Kenneth M. Karas from Harold R. Burke dated 01/29/2020. Document filed by Monte Ting Hay. Granted. So ordered. (Signed by Judge Kenneth M. Karas on 1/30/2020) (rjm)
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Filing
30
ORDER: Accordingly, within 45 days of the date of this Order, Plaintiff is directed to seek a default judgment pursuant to Federal Rule of Civil Procedure 55 1 and Local Civil Rules 55.1 and 55.2. If Plaintiff fails to seek a default judgment, the Action may be dismissed for failure toprosecute pursuant to Federal Rule of Civil Procedure 41(b).3The Clerk of Court is directed to mail a copy of this Order to Defendants at the belowaddresses, as listed on the summons. (Dkt. Nos. 16-17.)(And as further set forth in this Order.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/18/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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