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Austin Energy, LLC v. Ecolumens, LLC, No. 2:11-cv-05749 (E.D.N.Y.)
Case Title: Austin Energy, LLC v. Ecolumens, LLC
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of New York
Index Number(s): 2:2011cv5749, 2:11-cv-05749, 2:11-cv-05749-ADS-AYS
Nature of Suit: 190 Contract: Other
Judge: Arthur D. Spatt
Magistrate Judge: Anne Y. Shields
Case Opened: November 23, 2011
Docket Entries
Date Filed Dkt # Entry Text
Nov 23, 2011 1 COMPLAINT against Ecolumens, LLC Disclosure Statement on Civil Cover Sheet completed -No,, filed by Austin Energy, LLC. (Attachments: # 1 Exhibit A and B, # 2 Exhibit C and D, # 3 Civil Cover Sheet) (McMahon, Carol) (Entered: 11/28/2011)
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Exhibit A and B
Exhibit C and D
Civil Cover Sheet
Jan 3, 2012 2 AFFIDAVIT of Service for Summons and Complaint and Civil Cover Sheet served on Nicholas Tepper as agent for service of process on 12/14/2011, filed by Austin Energy, LLC. (Weinstein, Lloyd) (Entered: 01/03/2012)
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Feb 23, 2012 3 Request for Certificate of Default by Austin Energy, LLC (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Certificate of Service) (Weinstein, Lloyd) (Entered: 02/23/2012)
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Feb 23, 2012 4 Clerk's ENTRY OF DEFAULT as to Ecolumens, LLC,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet) (Entered: 02/23/2012)
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Feb 23, 2012 5 First MOTION for Default Judgment as to EcoLumens, LLC by Austin Energy, LLC. Responses due by 3/7/2012 (Attachments: # 1 Affidavit, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Certificate of Service) (Weinstein, Lloyd) (Entered: 02/23/2012)
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Apr 2, 2012 6 ORDER - The Court hereby respectfully refers this matter to United States Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded, including reasonable attorney's fees and costs. The Clerk of Court is to note the referral. Motion referred to Magistrate Judge Arlene R. Lindsay 5 First MOTION for Default Judgment as to EcoLumens, LLC. So Ordered by Senior Judge Arthur D. Spatt on 4/2/12. (Valle, Christine) (Entered: 04/03/2012)
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Apr 4, 2012 7 ORDER re Referred Motion: see attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/4/2012. c/ecf (Johnston, Linda) (Entered: 04/04/2012)
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Apr 5, 2012 8 NOTICE by Austin Energy, LLC of Entry (Weinstein, Lloyd) (Entered: 04/05/2012)
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May 4, 2012 9 MEMORANDUM in Support, AFFIDAVIT/DECLARATION in Support re 5 First MOTION for Default Judgment as to EcoLumens, LLC filed by Austin Energy, LLC. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit, # 5 Affidavit A, # 6 Exhibit B) (Weinstein, Lloyd) (Entered: 05/04/2012)
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May 30, 2012 10 NOTICE of Change of Address, phone and facsimile numbers by Lloyd Weinstein (Weinstein, Lloyd) (Entered: 05/30/2012)
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Aug 13, 2012 11 REPORT AND RECOMMENDATIONS re 5 : see attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/13/2012. c/ecf (Johnston, Linda) (Entered: 08/13/2012)
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Aug 16, 2012 12 AFFIDAVIT/AFFIRMATION of Service of Report and Recommentation by Austin Energy, LLC (Weinstein, Lloyd) (Entered: 08/16/2012)
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Sep 7, 2012 13 ORDER - There being no objection to Judge Lindsays Report, it is hereby ORDERED, that Judge Lindsay's 11 Report and Recommendation is adopted in its entirety. The Court: (1) grants the plaintiffs motion for a default judgment as against defendant Ecolumens, LLC and (2) awards the plaintiff $137,611.43 in damages, plus post-judgment interest to be calculated by the Clerk of the Court pursuant to 28 U.S.C. § 1961, and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the plaintiff as set forth above, and it is further ORDERED, that the Clerk of the Court is directed to close this case. Ordered by Judge Arthur D. Spatt on 9/7/2012. 5 Motion for Default Judgment terminated. Copy of Order forwarded to Judgment Clerk. (Coleman, Laurie) (Entered: 09/10/2012)
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Sep 12, 2012 14 DEFAULT JUDGMENT - ORDERED AND ADJUDGED that plaintiffs motion for a default judgment against defendant Ecolumens, LLC is granted; that plaintiff is awarded $137,611.43 in damages, plus post-judgment interest pursuant to 28 U.S.C. § 1961; and that this case is hereby closed. Signed by Catherine Vukovich on 9/12/2012. C/M. (Coleman, Laurie) (Entered: 09/12/2012)
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Sep 26, 2012 15 Mail Returned as Undeliverable. Copy of #14 Default Judgment and Civil Appeals Packet mailed to Ecolumens, LLC, Returned to Sender: (Coleman, Laurie) (Entered: 09/28/2012)
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Jul 23, 2013 16 MOTION to Set Aside Default in Answering Complaint, MOTION to Vacate Clerk's Certificate of Default & Default Judgment, MOTION to Set Aside Judgment by Default dated 9/12/12 by Ecolumens, LLC. (Attachments: # 1 Declaration of Richard Scarpelli in support of motion, # 2 Exhibit Exhibits 1-6 to Scarpelli Declaration, # 3 Exhibit Exhibits 7-8 to Scarpelli Declaration, # 4 Exhibit Exhibits 9-10 to Scarpelli Declaration, # 5 Memorandum in Support) (Landsman, Jonathan) (Entered: 07/23/2013)
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Dec 19, 2013 17 MEMORANDUM OF DECISION AND ORDER granting 16 MOTION to Set Aside Default in Answering Complaint, MOTION to Vacate Clerk's Certificate of Default & Default Judgment, MOTION to Set Aside Judgment by Default; It is hereby: ORDERED, that the Defendants motion to vacate the February 23, 2012 Certificate of Default and the September 7, 2012 default judgment is granted; and it is further ORDERED, that the information subpoenas issued pursuant to the default judgment are quashed; and it is further ORDERED, that the Clerk of the Court is directed to reopen this case; and it is further ORDERED, that the Plaintiff is directed to effectuate proper service on the Defendant within ten days of the date of this Order. So Ordered by Judge Arthur D. Spatt on 12/19/13. (Coleman, Laurie) (Entered: 12/20/2013)
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Dec 27, 2013 18 VACATUR OF JUDGMENT - It is ORDERED AND ADJUDGED that the February 23, 2012 Certificate of Default is vacated; and that the September 12, 2013 Default Judgment is vacated. Signed by Catherine Vukovich, Deputy Clerk, on 12/27/13. (Coleman, Laurie) (Entered: 12/30/2013)
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Mar 23, 2015 19 ORDER IN RE CASES RE-ASSIGNED. Ordered by Magistrate Judge Anne Y. Shields on 3/23/2015. (Attachments: # 1 AYS Rules) (Torres, Jasmine) (Entered: 04/16/2015)
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Oct 19, 2015 20 MOTION to Adjourn Conference and Requesting Dismissal of Action by Ecolumens, LLC. (Attachments: # 1 Exhibit January 2011 Order of Dismissal, Requiring Arbitration) (Landsman, Jonathan) (Entered: 10/19/2015)
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