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11-4819 - United States of America v. Callard et al


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11-4819 - United States of America v. Callard et al
January 7, 2013
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SHORT ORDER re 19 Motion for Default Judgment; re 20 Motion for Default Judgment. It is hereby Ordered that the plaintiff's motion is denied in its entirety without prejudice to re-file the motion in accordance with Local Civil Rule 7.1(a) and Individual Rule II.C. The Clerk of Court is directed to terminate Docket Nos. 19 and 20; and it is further Ordered that prior to re-filing the motion for default judgment and within sixty days of the date of this Order, the plaintiff must either (1) determine the real name of defendant Edward "Doe" and upon learning his actual name, file a request for a certificate of default or (2) Provide the Court with legal authority establishing that the Clerk of the Court may still note the default of defendant Edward "Doe", although his name is fictitious. So Ordered.. Ordered by Judge Arthur D. Spatt on 1/7/2013. (Padilla, Kristin)
May 14, 2013
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MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that within twenty (20) days of the date of this Order, the Plaintiff is to file an amended caption with this Court that reflects the dismissal of Pierre Callard, Magda Shirley Callard, XYZ Corporation, John Doe #110" and Edward Doe from this action, pursuant to the Courts Individual Rule II.C; and it is further ORDERED that in the event Plaintiff chooses to reinstate XYZ Corporation, John Doe #110 and/or Edward Doe as Defendants in this action, it must notify the Court of this request in writing within twenty (20) days of the date of this Order; and it is further ORDERED that the Plaintiffs request for service by publication is denied without prejudice as not being ripe for consideration. If the Plaintiff wishes to file a motion requesting leave from the Court to file a Second Amended Complaint in order to add Pierre Callards heirs as Defendants in this action, it must do so within twenty (20) days of the date of this Order. This motion must comply with the Fed. R. of Civ. P., the Local Civil Rules, especially Local Civil Rule 7.1, and this Courts Individual Rules; and it is further ORDERED that the Court warns the Plaintiffs counsel that failure to comply with this Order, the Local Civil Rules, the Courts Individual Rules and/or the Fed. R. Civ. P. may result in the Court considering a finding for sanctions or dismissal of this action. Ordered by Judge Arthur D. Spatt on 5/14/2013. (Coleman, Laurie)
November 19, 2013
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MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the Plaintiffs motion to reinstate XYZ Corporation, John Doe #110 and/or Edward Doe as Defendants in this action is denied; and it is further ORDERED that the Plaintiffs 32 motion to amend the caption to add Pierre Callards heirs Jocelyn Callard, Margaret Callard a/k/a Marie Christine Karoll, Louis Callard, Edward Callard, Joseph Diaz and Edward Diaz, as Defendants in this action is granted. The Plaintiff is directed to serve a Second Amended Complaint with the amended caption provided within on all defendants in this case in compliance with the Fed. R. of Civ. P., the Local Civil Rules, and this Courts Individual Rules; and it is further ORDERED that the caption in this case is amended as follows: (see Order). So Ordered by Judge Arthur D. Spatt on 11/19/13. Jocelyn Callard, Margaret Callard, Louis Callard, Edward Callard, Joseph Diaz, Richard Diaz and Edward Diaz added. People Of The State Of New York, XYZ Corporation, Edward Doe and John Doe #1-10 terminated. (Coleman, Laurie) Modified on 11/20/2013 (Coleman, Laurie).
May 1, 2014
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ORDER of PUBLICATION: SO ORDERED that a copy of the summons be published in the Suffolk Edition of Newsday, a daily newspaper, one time a week for four consecutive weeks; and it is further ORDERED that the Defts be directed pursuant to 28 U.S.C. §1655 to appear, answer or otherwise move with respect to the complaint herein on or before the twentieth day following the last publication of this Order, or be found in default thereof and this court will proceed to the hearing and adjudication of this suit. Ordered by Judge Arthur D. Spatt on 5/1/2014. (Florio, Lisa)
March 10, 2016
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ADOPTION ORDER - The February 10, 2016 R&R is adopted in its entirety, and the Clerk of the Court is directed to terminate docket entries 64, 69, and 70. In light of the many opportunities the Plaintiff has been afforded to submit adequate motion papers, the Court adds that the Plaintiff may renew its motion for default judgment one final time within thirty days of the date of this Order. No further extensions will be granted and failure to so move may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41. See Order for further details. So Ordered by Judge Arthur D. Spatt on 3/10/2016. (Coleman, Laurie)
February 21, 2017
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ADOPTION ORDER - It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment for the Plaintiff in accordance with the R&R, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 2/21/2017. (Coleman, Laurie)