Prodigy Finance CM2020-1 DAC et al v. Beniwal
| Prodigy Finance CM2020-1 DAC and Prodigy Finance CM2021-2 DAC |
| Kunal Beniwal |
| 1:2025cv00068 |
| January 22, 2025 |
| U.S. District Court for the Western District of New York |
| Lawrence J Vilardo |
| Other Statutes: Arbitration |
| 9 U.S.C. ยง 9 Motion to Confirm Arbitration Loan |
| None |
Docket Report
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This docket was last retrieved on February 28, 2025. A more recent docket listing may be available from PACER.
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| Filing 5 TEXT ORDER: The petitioners have moved for an order authorizing "alternative service via text message and certified mail" to the last known addresses of the respondent, Kunal Beniwal. Docket Item #4 at 3. According to the petitioners, they have "attempted to serve [Beniwal] in-person" on four occasions and have been unsuccessful so far. Id. at 2. The petitioners' motion to effect alternative service via text message and certified mail to Beniwal's last known addresses is denied without prejudice to it being raised again at a later date. But in light of the difficulties cited by the petitioners, their time to effectuate service is extended until 5/29/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/28/2025. (ZHM) |
| Filing 4 MOTION for Leave to File / Motion for Electronic Service pursuant to Fed. R. Civ. P. 4(e) by Prodigy Finance CM2020-1 DAC, Prodigy Finance CM2021-2 DAC. (Attachments: #1 Exhibit 1 - Beniwal Affirmation of Nonservice, #2 Proposed Order for Alternative Service)(Cooke, Lawrence) |
| Filing 3 Summons Issued as to Kunal Beniwal. (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| Filing 2 Original Summons Filed. (Cooke, Lawrence) |
| Filing 1 COMPLAINT / Petition to Confirm Foreign Arbitral Awards against Kunal Beniwal $ 405 receipt number ANYWDC-5383698, filed by Prodigy Finance CM2020-1 DAC, Prodigy Finance CM2021-2 DAC. (Attachments: #1 Declaration Declaration of Lawrence H. Cooke in support of Petition to Confirm Foreign Arbitral Awards, #2 Exhibit 1 - 4.8.24 Final Arbitration Award, #3 Exhibit 2 - 11.5.20 Fixed Sum Loan Agreement, #4 Exhibit 3 - 1.28.21 Notice of Assignment, #5 Exhibit 4 - 5.25.21 Notice of Variations, #6 Exhibit 5 - 11.10.22 Notice of Sums in Arrears, #7 Exhibit 6 - 1.29.24 Full Transaction History, #8 Exhibit 7 - 5.12.23 Notice of Sums in Arrears, #9 Exhibit 8 - Email Communications, #10 Exhibit 9 - 7.14.23 Notice of Default, #11 Exhibit 10 - 8.15.23 Final Notice Letter, #12 Exhibit 11 - 1.14.23 Notice of Sums in Arrears, #13 Exhibit 12 - 1.2.24 CIARB Application, #14 Exhibit 13 - 4.8.24 Second Final Arbitration Award, #15 Exhibit 14 - 9.30.21 Fixed Sum Loan Agreement, #16 Exhibit 15 - 10.1.21 Notice of Assignment, #17 Exhibit 16 - 11.10.22 Notice of Sum in Arrears, #18 Exhibit 17 - 1.29.24 Full Statement History, #19 Exhibit 18 - 5.12.23 Notice of Sums in Arrears, #20 Exhibit 19 - 7.14.23 Notice of Default, #21 Exhibit 20 - 8.15.23 Termination Letter, #22 Exhibit 21 - 11.14.23 Notice of Sums in Arrears, #23 Exhibit 22 - 1.2.24 CIARB Application, #24 Exhibit 23 - 4.8.24 Final Award, #25 Exhibit 24 - 2.20.22 Fixed Sum Loan Agreement, #26 Exhibit 25 - 2.25.22 Notice of Assignment, #27 Exhibit 26 - 1.11.23 Notice of Sum in Arrears, #28 Exhibit 27 - 1.29.24 Full Statement History, #29 Exhibit 28 - 7.12.23 Notice of Sums in Arrears, #30 Exhibit 29 - 8.14.23 Notice of Default, #31 Exhibit 30 - 11.14.23 Termination Letter, #32 Exhibit 31 - 1.11.24 Notice of Sums in Arrears, #33 Exhibit 32 - 1.2.24 CIARB Request, #34 Civil Cover Sheet)(Cooke, Lawrence) |
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