J. Kings Food Service Professionals, Inc. v. Navin Bros. Food Service, Inc. et al
| New York Eastern District Court | |
| Judge: | Joseph F Bianco |
| Referred: | Steven I Locke |
| Case #: | 2:17-cv-05472 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Sep 19, 2017 |
| Terminated: | Nov 09, 2018 |
| Last checked: Sunday Mar 18, 2018 5:31 AM EDT |
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Defendant
Joseph E. Navin, Jr.
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Defendant
Navin Bros. Food Service, Inc.
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Plaintiff
J. Kings Food Service Professionals, Inc.
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Represented By
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GPO
Sep 13 2018
ed by Judge Joseph F. Bianco on 9/13/2018. (Bollbach, Jean)ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that plaintiff is awarded $688,054.02 plus postjudgment interest in accordance with 28 U.S.C. � 196l(a), and $1,281.72 in costs. IT IS FURTHER ORDERED that plaintiffs request for attorney's fees is denied without prejudice and that plaintiff shall submit further documentation in support of that request in accordance with the R&R on or before October 15, 2018. IT IS FURTHER ORDERED that, to the extent plaintiff wishes to seek prejudgment interest, plaintiff shall also submit a declaration requesting prejudgment interest and setting forth the specific calculations for such amount on or before October 15, 2018. A failure to provide further documentation in support of attorney's fees or prejudgment interest by October 15, 2018 will result in the denial of those amounts. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this Order on defendants and file proof of service with the Court. Order |
| Docket last updated: 4 hours ago |
| Friday, November 09, 2018 | ||
| 22 | 22
order
Judgment - Default
Fri 11/09 3:14 PM
DEFAULT JUDGMENT: ORDERED AND ADJUDGED that plaintiff J. Kings Food Service Professionals, Inc., is awarded a default judgment against defendants Navin Brothers Food Service, Inc., and Joseph E. Navin in the amount of $836,404.32, plus post judgment interest in accordance with 28 U.S.C. � 1961(a); and that this case is closed. Ordered by Clerk of Court on 11/9/2018. (Toritto, Jim) |
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| Tuesday, November 06, 2018 | ||
| 21 | 21
order
Order(Other)
Wed 11/07 10:02 AM
ORDER IT IS HEREBY ORDERED that, in addition to the amounts awarded in the Court's September 13, 2018 Order, plaintiff is awarded $137,933.58 in prejudgment interest and $9,135.00 in attorney's fees. The Clerk of the Court shall enter a default judgment and close the case. Ordered by Judge Joseph F. Bianco on 11/6/2018. (Bollbach, Jean) |
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| Monday, October 15, 2018 | ||
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misc
Declaration
Mon 10/15 4:13 PM
DECLARATION re19 Order Adopting Report and Recommendations,,,, for Attorneys' Fees and Prejudgment Interest by J. Kings Food Service Professionals, Inc. (Murphy, James) |
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Att: 1
Exhibit A - Invoices,
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Att: 2
Exhibit B - Matter Ledger Report
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| Thursday, September 13, 2018 | ||
| 19 | 19
3
pgs
order
Order Adopting Report and Recommendations
Mon 09/17 9:16 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that plaintiff is awarded $688,054.02 plus postjudgment interest in accordance with 28 U.S.C. � 196l(a), and $1,281.72 in costs. IT IS FURTHER ORDERED that plaintiffs request for attorney's fees is denied without prejudice and that plaintiff shall submit further documentation in support of that request in accordance with the R&R on or before October 15, 2018. IT IS FURTHER ORDERED that, to the extent plaintiff wishes to seek prejudgment interest, plaintiff shall also submit a declaration requesting prejudgment interest and setting forth the specific calculations for such amount on or before October 15, 2018. A failure to provide further documentation in support of attorney's fees or prejudgment interest by October 15, 2018 will result in the denial of those amounts. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this Order on defendants and file proof of service with the Court. Ordered by Judge Joseph F. Bianco on 9/13/2018. (Bollbach, Jean) |
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| Monday, August 27, 2018 | ||
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service
Certificate of Service
Mon 08/27 10:54 AM
CERTIFICATE OF SERVICE by J. Kings Food Service Professionals, Inc. re17 REPORT AND RECOMMENDATIONS re11 MOTION for Default Judgment filed by J. Kings Food Service Professionals, Inc. (Murphy, James) |
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| Friday, August 24, 2018 | ||
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order
Order(Other)
Fri 08/24 11:39 AM
Electronic ORDER: Plaintiff is directed to serve a copy of the Court's Report & Recommendation, DE17 , and promptly file proof of service via ECF on or before 8/29/2018. Ordered by Magistrate Judge Steven I. Locke on 8/24/2018. (Budhu, Ryan) |
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| Wednesday, August 15, 2018 | ||
| 17 | 17
motion
Report and Recommendations
Wed 08/15 3:48 PM
REPORT AND RECOMMENDATIONS re DE11 MOTION for Default Judgment filed by Plaintiff J. Kings Food Service Professionals, Inc. For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends that Kings Food be awarded damages in the amount of $688,054.02 and post-judgment interest in accordance with 28 U.S.C. � 1961(a). Further, the Court recommends that costs in the amount of $1,281.72 be awarded. However, the Court recommends that Plaintiff's application for attorneys' fees be denied without prejudice and with leave to re-submit together with additional supporting documentation. Finally, the Court recommends that Kings Food be granted leave to submit a supplemental Declaration requesting prejudgment interest and setting forth the specific calculations of such amount. Plaintiff is directed to serve a copy of this Report and Recommendation on Defendants and promptly file proof of service via ECF. Any objections to this Report and Recommendation must be filed with the Clerk of the Court within 14 days of receipt of this report. Failure to file objections within the specified time waives the right to appeal the District Court's order. Entered by Magistrate Judge Steven I. Locke on 8/15/2018. (Vissichelli, Eric) |
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| Wednesday, May 30, 2018 | ||
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service
Certificate of Service
Wed 05/30 10:52 AM
CERTIFICATE OF SERVICE by J. Kings Food Service Professionals, Inc. re15 Order on Motion for Default Judgment, Order Referring Motion (Murphy, James) |
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| Tuesday, May 29, 2018 | ||
| 15 | 15
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pgs
order
Order on Motion for Default Judgment Order Referring Motion
Wed 05/30 9:33 AM
ORDER temporarily granting in part11 Motion for Default Judgment; ORDER REFERRING MOTION:11 MOTION for Default Judgment Motions referred to Steven I. Locke for damagesOrdered by Judge Joseph F. Bianco on 5/29/2018. (Bollbach, Jean) |
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| Tuesday, May 01, 2018 | ||
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service
Certificate of Service
Tue 05/01 2:14 PM
CERTIFICATE OF SERVICE by J. Kings Food Service Professionals, Inc. re11 MOTION for Default Judgment ,13 Order to Show Cause, for Service on Defendants of Order and Motion for Default Judgment (Murphy, James) |
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| Friday, April 27, 2018 | ||
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order
Order to Show Cause
Mon 04/30 12:28 PM
ORDER: IT IS HEREBY ORDERED that defendants respond in writing within twenty-one (21) days as to why default judgment should not be entered. A failure to respond will result in the entry of default judgment. IT IS FURTHER ORDERED that plaintiff serve a copy of this Order and the motion for default and accompanying papers on defendants.. Ordered by Judge Joseph F. Bianco on 4/27/2018. (Bollbach, Jean) |
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| Thursday, April 05, 2018 | ||
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utility
Case Assigned/Reassigned
Thu 04/05 11:55 AM
Case Reassigned to Judge Joseph F. Bianco. Judge Leonard D. Wexler no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Corsini, Alexander) |
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| Friday, February 23, 2018 | ||
| 12 | 12
service
Affidavit of Service
Fri 02/23 4:02 PM
AFFIDAVIT of Service for Declaration in Support of Plaintiff's Application for a Default Judgment served on Navin Bros. Food Service, Inc. and Joseph E. Navin, Jr. on 2/22/2018, filed by J. Kings Food Service Professionals, Inc.. (Murphy, James) |
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| Thursday, February 15, 2018 | ||
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order
Scheduling Order
Thu 02/15 5:38 PM
Electronic ORDER: re11 MOTION for Default Judgment. Plaintiff is advised that no action will be taken on its motion in the absence of the filing of proof of mailing as required by Local Civil Rule 55.2. Ordered by Judge Leonard D. Wexler on 2/15/2018. (Disbrow, Sandra) |
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| Wednesday, January 24, 2018 | ||
| 11 | 11
motion
Default Judgment
Wed 01/24 1:36 PM
MOTION for Default Judgment by J. Kings Food Service Professionals, Inc.. (Murphy, James) |
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Att: 1
Exhibit A Affidavits of Service,
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Att: 2
Exhibit B Certificate of Default,
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Att: 3
Exhibit C Summons and Complaint with Exhibits,
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Att: 4
Exhibit D Matter Ledger Report,
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Att: 5
Exhibit E Proposed Judgment
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| Wednesday, December 13, 2017 | ||
| 10 | 10
order
Clerks Entry of Default
Wed 12/13 3:27 PM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Joseph E. Navin, Jr, and Navin Bros. Food Service, Inc. have failed to appear or otherwise defend this action, the defaults of defendants Joseph E. Navin, Jr, and Navin Bros. Food Service, Inc. are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
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| Monday, December 11, 2017 | ||
| 9 | 9
misc
Request for Certificate of Default
Mon 12/11 3:30 PM
Request for Certificate of Default by J. Kings Food Service Professionals, Inc. (Murphy, James) |
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Att: 1
Exhibit A Affidavits of Service,
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Att: 2
Declaration In Support
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| Friday, November 17, 2017 | ||
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misc
Request for Certificate of Default - Denied
Fri 11/17 3:09 PM
REQUEST for8 Certificate of Default is denied at this time as to defendants The attorney's declaration in support of the8 Request for Certificate of Default does not indicate that the defendants were properly served, as required by Local Civil Rule 55.1(3). (Coleman, Laurie) |
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| Thursday, November 16, 2017 | ||
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misc
Request for Certificate of Default
Thu 11/16 12:49 PM
Request for Certificate of Default by J. Kings Food Service Professionals, Inc. (Murphy, James) |
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Att: 1
Declaration Ex. A Declaration in Support,
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Att: 2
Exhibit Ex B Certificate of Default
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| Friday, October 13, 2017 | ||
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service
Summons Returned Executed
Fri 10/13 11:09 AM
SUMMONS Returned Executed by J. Kings Food Service Professionals, Inc.. Navin Bros. Food Service, Inc. served on 9/30/2017, answer due 10/23/2017. (Murphy, James) |
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service
Summons Returned Executed
Fri 10/13 11:06 AM
SUMMONS Returned Executed by J. Kings Food Service Professionals, Inc.. Joseph E. Navin, Jr served on 9/30/2017, answer due 10/23/2017. (Murphy, James) |
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| Tuesday, September 19, 2017 | ||
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service
Summons Issued
Tue 09/19 4:47 PM
Summons Issued as to All Defendants. (Rodin, Deanna) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Tue 09/19 4:42 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
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misc
Quality Control Check - Attorney Case Opening
Tue 09/19 4:41 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 09/19 1:08 PM
Proposed Summons.Civil Cover Sheet.. by J. Kings Food Service Professionals, Inc. (Murphy, James) |
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Att: 1
Civil Cover Sheet
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cmp
Complaint
Tue 09/19 1:04 PM
COMPLAINT against Navin Bros. Food Service, Inc., Joseph E Navin Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by J. Kings Food Service Professionals, Inc.. (Murphy, James) |
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Att: 1
Exhibit A Guarantee,
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Att: 2
Exhibit B Invoices Outstanding
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misc
Filing Fee Received
Tue 09/19 4:38 PM
FILING FEE: $ 400, receipt number 0207-9839143 (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Tue 09/19 4:42 PM
Case Assigned to Judge Leonard D. Wexler and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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