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Tygris Asset Finance, Inc v. Abboud et al

November 1, 2011

TYGRIS ASSET FINANCE, INC
v.
ABBOUD ET AL



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The Court grants Plaintiff's cross-motion for sanctions [33] and orders Plaintiff's counsel to file an attorney's fee petition by 11/11/11.

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

Before the Court is Plaintiff's Cross-Motion for Sanctions pursuant to Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927. For the following reasons, the Court grants Plaintiff's motion and orders Plaintiff's counsel to file an attorney's fee petition by November 11, 2011.

FACTUAL BACKGROUND

On January 19, 2010, Plaintiff Tygris Asset Finance, Inc. ("Plaintiff") filed a two-count Complaint against Defendants Michael Abboud OBGYN, P.C. ("Abboud OBGYN") and Michael Abboud ("Abboud") (collectively "Defendants"), alleging breach of Equipment Lease Agreement ("Equipment Lease") and breach of Unconditional Guaranty ("Guaranty"). (R. 1, Complaint.) At that time, Plaintiff also issued two original summonses to Defendants. On February 5, 2010, a process server left copies of the Summons at Abboud's house with Joreta Sanchez, a domestic employee, which indicated that Abboud had to file a response to the Complaint by February 26, 2010. (R. 8.) On February 12, 2010, attorney Diana Bronstein sent a letter via a facsimile to the attorneys for Tygris on her legal letterhead. The letter specifically referenced "10 CV 339" -- the civil number assigned to this case. The letter provided that Bronstein's firm "has been retained by the above referenced to handle this legal matter." (R. 26-1, Ex. C).

Courtroom Deputy KF

Initials:

On February 17, 2010, a process server left copies of the Summons at Abboud OBGYN with "Nadejda Kmatcmatourisn [sic]," an employee at Abboud OBGYN, which indicated that Michael Abboud OBGYN P.C. had to file a response to the Complaint by March 10, 2010. (R. 13.) Plaintiff filed copies of the Return of Service on Abboud and the Return of Service on Abboud OBGYN in this Court on February 26, 2010 and March 16, 2010, respectively.*fn1 (R. 8; R. 13.)

Defendants did not answer the complaint or file an appearance in this case. Accordingly, on March 1, 2010, Plaintiff filed a motion for default and default judgment against Abboud and served Abboud and his counsel, Ms. Bronstein, with copies of the same. (R. 9.) On March 3, 2010, the motion for default and default judgment was sent and accepted at Ms. Bronstein's office and by Defendant. (R. 36-1, Ex. F.)

On March 17, 2010, Plaintiff filed an amended motion for default judgment against both Defendants. (R. 16.) Plaintiff sent the motion to both Ms. Bronstein and Defendant via Federal Express. (R. 26-1, Ex. 1, group H.) Defendants did not file an appearance or any responsive pleading in the case. Accordingly, on March 22, 2010, the Court granted Plaintiff's motion for default judgment, and entered a judgment against both Defendants. (R. 20.)

On April 8, 2010, Ms. Bronstein's office sent Tygris's counsel a fax containing the personal financials for Dr. Abboud. (R. 26-4.) The fax referenced "Dr. Michael Abboud, Index #10-CV-00339." (Id.) On April 14, 2010, counsel for Tygris sent an email to Ms. Bronstein and Khristina Khiger from her office, informing them that a judgment had been obtained against the Defendants. (Id., Ex. K.) Between September 2010 and December ...


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