LG Capital Funding, LLC v. On4 Communications, Inc.

New York Eastern District Court
Judge:	Eric N Vitaliano
Referred:	Ramon E Reyes, Jr
Case #:	1:16-cv-06943
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Other Contract

Case Filed:	Dec 15, 2016
Terminated:	Sep 25, 2018

Last checked: Tuesday Jun 13, 2017 5:26 AM EDT

Defendant On4 Communications, Inc.
Plaintiff LG Capital Funding, LLC	Represented By Chris Han Garson, Segal, Steinmetz, Fladgate LLP contact info Kevin Kehrli Garson Segal, Steinmetz, Fladgate LLP contact info

GPO Sep 25 2018
ORDER ADOPTING REPORTS AND RECOMMENDATIONS: Pursuant to the attached Memorandum and Order, the January 17, 2018 Report & Recommendation 27 is adopted with modification of the amount of judgment awarded, and defendant's motion to set aside default 19 is denied. The July 25, 2017 Report & Recommendation 13 is adopted as modified by this Memorandum and Order. As such, plaintiff's motion for default judgment 8 is granted and plaintiff is awarded damages of $42,725.42, attorney's fees of $11,344 and costs of $474, for a total award of $54,543.42. Ordered by Judge Eric N. Vitaliano on 9/09/2018. (Syed, Sofie)

Docket last updated: 04/09/2025 11:59 PM EDT

Friday, April 17, 2020
33		33 appeal USCA Mandate Fri 04/17 10:01 AM MANDATE of USCA as to32 Notice of Appeal filed by On4 Communications, Inc. It is Ordered that the judgment of the District Court is AFFIRMED. See document for further details. Issued as Mandate: 4/17/20. USCA 18-3019 (McGee, Mary Ann) Related: [-]
Monday, October 15, 2018
		misc Civil Case Appeal Filing Fee Mon 10/15 4:35 PM CIVIL CASE APPEAL FILING FEE: $ 505, receipt number ANYEDC-10835615 (Johnson, Deborah) Related: [-]
Friday, October 12, 2018
32		32 appeal Notice of Appeal Fri 10/12 3:40 PM NOTICE OF APPEAL as to30 Order Adopting Report and Recommendations,,31 Judgment,, by On4 Communications, Inc.. Appeal Record due by 10/25/2018. (Johnson, Deborah) Related: [-]
		appeal Appeal Filing Fee Due Fri 10/12 4:17 PM APPEAL FILING FEE DUE re32 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee . (McGee, Mary Ann) Related: [-]
		appeal Electronic Index to Record on Appeal Fri 10/12 4:18 PM Electronic Index to Record on Appeal sent to US Court of Appeals.32 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) Related: [-]
Tuesday, September 25, 2018
31		31 order Judgment Tue 09/25 3:48 PM JUDGMENT in favor of LG Capital Funding, LLC against On4 Communications, Inc. That the January 2018 R&R, denying defendant's motion to set aside default, is adopted with modification of the amount of Judgment awarded; that the July 25, 2017 Report and Recommendation, granting plaintiffs motion for default Judgment and awarding damages, is adopted as modified; and that Plaintiff is awarded a total amount of $54,543.42. (Ordered by Jalitza Poveda, Deputy Clerk on 9/25/2018) c/m (Galeano, Sonia) Related: [-]
30		30 11 pgs order Order Adopting Report and Recommendations Tue 09/25 11:49 AM ORDER ADOPTING REPORTS AND RECOMMENDATIONS: Pursuant to the attached Memorandum and Order, the January 17, 2018 Report & Recommendation27 is adopted with modification of the amount of judgment awarded, and defendant's motion to set aside default19 is denied. The July 25, 2017 Report & Recommendation13 is adopted as modified by this Memorandum and Order. As such, plaintiff's motion for default judgment8 is granted and plaintiff is awarded damages of $42,725.42, attorney's fees of $11,344 and costs of $474, for a total award of $54,543.42. Ordered by Judge Eric N. Vitaliano on 9/09/2018. (Syed, Sofie) Related: [-]
Wednesday, February 14, 2018
29		29 16 pgs respoth Memorandum in Opposition Wed 02/14 4:53 PM MEMORANDUM in Opposition re28 Objection to Report and Recommendations filed by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
Wednesday, January 31, 2018
28		28 respoth Objection to Report and Recommendations Wed 01/31 8:29 PM OBJECTION to27 Report and Recommendations to deny Motion to Vacate Default filed by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
Wednesday, January 17, 2018
27		27 motion Report and Recommendations Wed 01/17 3:28 PM REPORT AND RECOMMENDATIONS re19 First MOTION to Set Aside Default filed by On4 Communications, Inc. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that the Defendant's motion to set aside default be denied. Objections to R&R due by 1/31/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 1/17/2018. (Strong, Ardis) Related: [-]
Thursday, January 11, 2018
26		26 notice Notice(Other) Thu 01/11 2:21 PM NOTICE by LG Capital Funding, LLC Termination of Counsel (Han, Chris) Related: [-]
Wednesday, November 29, 2017
		order Order Referring Motion Wed 11/29 4:37 PM ORDER REFERRING MOTION. Defendant's19 First Motion to Set Aside Default is respectfully referred to Magistrate Judge Ramon E. Reyes, Jr. Ordered by Judge Eric N. Vitaliano on 11/29/2017. (Lifshitz, Esther) Related: [-]
Wednesday, November 15, 2017
25		25 respm Reply to Response to Motion Wed 11/15 9:45 PM REPLY to Response to Motion re19 First MOTION to Set Aside Default Memo of Law filed by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
24		24 respm Affidavit/Declaration in Support of Motion Wed 11/15 9:44 PM AFFIDAVIT/DECLARATION in Support re19 First MOTION to Set Aside Default filed by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
23		23 respm Affidavit/Declaration in Support of Motion Wed 11/15 9:43 PM AFFIDAVIT/DECLARATION in Support re19 First MOTION to Set Aside Default filed by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
Monday, October 30, 2017
		order Order on Motion for Extension of Time to File Response/Reply Mon 10/30 1:50 PM ORDER granting22 Motion for Extension of Time to File Response/Reply. Defendant's motion, on consent, is granted. The schedule proposed at22 is approved and adopted by the Court. Ordered by Judge Eric N. Vitaliano on 10/30/2017. (Lifshitz, Esther) Related: [-]
Friday, October 27, 2017
22		22 motion Extension of Time to File Response/Reply Fri 10/27 5:39 PM First MOTION for Extension of Time to File Response/Reply as to20 Affidavit in Opposition to Motion,21 Memorandum in Opposition,19 First MOTION to Set Aside Default by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
Wednesday, October 25, 2017
21		21 30+ pgs respoth Memorandum in Opposition Wed 10/25 2:34 PM MEMORANDUM in Opposition re20 Affidavit in Opposition to Motion,19 First MOTION to Set Aside Default filed by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
20		20 respm Affidavit/Declaration in Opposition to Motion Wed 10/25 2:32 PM AFFIDAVIT/DECLARATION in Opposition re19 First MOTION to Set Aside Default filed by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K,
		Att: 12 Exhibit L
Thursday, October 05, 2017
19		19 motion Set Aside Default Thu 10/05 10:47 PM First MOTION to Set Aside Default by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
		Att: 1 Affidavit in Support Declaration of Defendant,
		Att: 2 Declaration of Counsel,
		Att: 3 Exhibit Note,
		Att: 4 Exhibit Summons and Complaint,
		Att: 5 Exhibit FedEx Delivery Receipt,
		Att: 6 Memorandum in Support
Tuesday, September 05, 2017
		order Order(Other) Tue 09/05 5:23 PM ORDER. No later than October 5, 2017, defendant On4 Communications, Inc. may file any motion to vacate, if it believes in good faith that it has grounds for such a motion. If defendant should file such a motion, plaintiff may file any opposition, no later than October 25, 2017; and defendant may file any reply, no later than November 1, 2017. In the interim, all proceedings regarding defendants objections to Magistrate Judge Ramon E. Reyes's13 report and recommendation shall be stayed. Ordered by Judge Eric N. Vitaliano on 9/5/2017. (Lifshitz, Esther) Related: [-]
Thursday, August 24, 2017
18		18 10 pgs respoth Memorandum in Opposition Thu 08/24 5:42 PM MEMORANDUM in Opposition re16 Objection to Report and Recommendations Plaintiff's Response to Defendant's Objection filed by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
17		17 misc Declaration Thu 08/24 5:40 PM DECLARATION re13 REPORT AND RECOMMENDATIONS re8 MOTION for Default Judgment filed by LG Capital Funding, LLC,16 Objection to Report and Recommendations by LG Capital Funding, LLC (Kehrli, Kevin) Related: [-]
Thursday, August 10, 2017
16		16 respoth Objection to Report and Recommendations Thu 08/10 7:16 PM OBJECTION to13 Report and Recommendations filed by On4 Communications, Inc.. (Johnson, Deborah) Related: [-]
Wednesday, August 09, 2017
15		15 notice Notice of Appearance Wed 08/09 5:24 PM NOTICE of Appearance by Deborah Ann Johnson on behalf of On4 Communications, Inc. (aty to be noticed) (Johnson, Deborah) Related: [-]
Wednesday, July 26, 2017
14		14 service Certificate of Service Wed 07/26 11:15 AM CERTIFICATE OF SERVICE by LG Capital Funding, LLC re13 REPORT AND RECOMMENDATIONS re8 MOTION for Default Judgment filed by LG Capital Funding, LLC (Kehrli, Kevin) Related: [-]
Tuesday, July 25, 2017
13		13 motion Report and Recommendations Tue 07/25 2:31 PM REPORT AND RECOMMENDATIONS re8 MOTION for Default Judgment filed by LG Capital Funding, LLC. For the reasons contained herein, I respectfully recommend that judgment be entered against ONCI in the amount of $57,056.68, constituting $45,238.68 in compensatory damages, $11,344.00 in attorneys fees, and $474.00 in costs. LG is hereby directed to serve copies of this report and recommendation on ONCI by next-day mail by July 27, 2017 at its last known address and to promptly file proof of service with the Clerk of the Court. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Eric N. Vitaliano within fourteen (14) days of receipt hereof. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 7/25/2017. (Din, Myra) Related: [-]
Monday, May 15, 2017
12		12 notice Notice of Appearance Mon 05/15 6:02 PM NOTICE of Appearance by Chris Han on behalf of LG Capital Funding, LLC (aty to be noticed) (Han, Chris) Related: [-]
Tuesday, April 25, 2017
11		11 misc Declaration Tue 04/25 5:30 PM DECLARATION re Order on Motion for Extension of Time to File, Set Deadlines, by LG Capital Funding, LLC (Kehrli, Kevin) Related: [-]
		Att: 1 Exhibit A - Note,
		Att: 2 Exhibit B - SPA,
		Att: 3 Exhibit C - Disbursement Memo,
		Att: 4 Exhibit D - Wire Confirmation,
		Att: 5 Exhibit E - Stock Chart,
		Att: 6 Declaration of Kevin Kehrli,
		Att: 7 Exhibit A - Itemized Hours,
		Att: 8 Exhibit B - Service Invoice,
		Att: 9 Memorandum in Support
Monday, April 17, 2017
10		10 motion Extension of Time to File Document Mon 04/17 9:38 AM MOTION for Extension of Time to File Brief in Support of Damages by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
		order Order on Motion for Extension of Time to File Mon 04/17 3:27 PM ORDER granting10 Motion for Extension of Time to File. Plaintiff's submissions are due by 4/25/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 4/17/2017. (Din, Myra) Related: [-]
Wednesday, March 29, 2017
9		9 service Certificate of Service Wed 03/29 11:46 AM CERTIFICATE OF SERVICE by LG Capital Funding, LLC re Order Referring Motion,,,,,,,,, (Kehrli, Kevin) Related: [-]
Tuesday, March 28, 2017
		order ~Util - Set Deadlines Tue 03/28 12:42 PM ORDER re8 Motion for Default Judgment: Plaintiff is instructed to fully brief the issue of damages by 4/18/2017; Defendant's opposition is due by 5/2/2017; Plaintiff's reply is due by 5/9/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/28/2017. (Naidich, Zachary) Related: [-]
Monday, March 27, 2017
		order Order Referring Motion Mon 03/27 11:49 AM ORDER. On December 15, 2016 plaintiff filed1 a complaint, alleging, inter alia , claims for breach of contract and unjust enrichment. After defendant failed to appear, despite5 service of process on December 19, 2016, the Clerk of the Court entered7 a certificate of default against defendant on March 9, 2017. See Fed. R. Civ. P. 55(a). Plaintiff subsequently filed8 a motion for default judgment, which is now before the Court. See Fed. R. Civ. P. 55(b)(2). A party's default constitutes a concession of all well-pleaded factual allegations relating to liability. See City of New York v. Mickalis Pawn Shop, LLC , 645 F.3d 114, 137 (2d Cir. 2011); Rolls-Royce PLC v. Rolls-Royce USA, Inc. , 688 F. Supp. 2d 150, 153 (E.D.N.Y. 2010) ("Because of the default, the well-pleaded allegations of the Complaint are deemed admitted, except as to the amount of damages."). Even after default, however, "liability does not automatically attach from the well-pleaded allegations of the complaint, as it remains the court's responsibility to ensure that the factual allegations, accepted as true, provide a proper basis for liability and relief." Rolls-Royce PLC , 688 F. Supp. 2d at 153; see also Taizhou Zhongneng Imp. & Exp. Co. v. Koutsobinas , 509 F. App'x 54, 56 (2d Cir. 2013). Upon review of the pleadings, the Court concludes that only the claims for breach of contract and for costs, expenses and attorney's fees are supported by well-pleaded factual allegations sufficient to establish liability because, under New York law, "a party generally may not simultaneously recover upon a breach of contract and unjust enrichment claim arising from the same facts." Singer v. Xipto Inc. , 852 F. Supp. 2d 416, 426 (S.D.N.Y. 2012); Continental Casualty Co. v. Contest Promotions NY, LLC , No. 15-CV-501 (MKB), 2016 WL 1255726, at *4 (E.D.N.Y. Mar. 28, 2016). Since a default is not an admission of damages, however, 8 plaintiff's motion for default judgment is respectfully referred to Magistrate Judge Ramon E. Reyes, Jr. for an inquest as to damages and to make a report and recommendation as to his findings. Plaintiff is further directed to serve a copy of this order upon defendant and file, on the docket, a certificate of service. Ordered by Judge Eric N. Vitaliano on 3/27/2017. Motions referred to Ramon E. Reyes, Jr. (Simeone, Julie) Related: [-]
Thursday, March 23, 2017
8		8 motion Default Judgment Thu 03/23 6:02 PM MOTION for Default Judgment by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
		Att: 1 Declaration,
		Att: 2 Declaration,
		Att: 3 Exhibit A - Itemized Hours,
		Att: 4 Exhibit B - Receipt,
		Att: 5 Memorandum in Support,
		Att: 6 Proposed Judgment,
		Att: 7 Certificate of Service
Tuesday, March 21, 2017
		order Order(Other) ~Util - Set Deadlines Tue 03/21 10:53 AM ORDER re7 Clerk's Entry of Default, filed by On4 Communications, Inc. Plaintiff's Motions for Default Judgment is due on or before 3/31/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/21/2017. (Vertus, Miriam) Related: [-]
Thursday, March 09, 2017
7		7 order Clerks Entry of Default Thu 03/09 5:07 PM Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant On4 Communications, Inc. has failed to appear or otherwise defend this action, the default of Defendant On4 Communications, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) Related: [-]
Monday, February 27, 2017
6		6 misc Request for Certificate of Default Mon 02/27 2:44 PM Request for Certificate of Default by LG Capital Funding, LLC (Kehrli, Kevin) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibit Proposed Certificate
		order Order(Other) ~Util - Set Deadlines Mon 02/27 10:45 AM ORDER: A review of the docket entries in this action indicates that there has been no activity in this case since the Summons was returned executed on ECF (12/27/2016). No later than March 3, 2017 one of the following events must occur: (a) the parties must file a stipulation extending the defendants time to answer, (b) the plaintiff must file a motion for the entry of a notation of default or (c) the defendant must file an answer. If, none of the preceding events occurs by the deadlines set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. The plaintiffs counsel is directed to provide a copy of this order to his client and to the defendant. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/27/2017. (Vertus, Miriam) Related: [-]
Tuesday, December 27, 2016
5		5 service Summons Returned Executed Tue 12/27 11:33 AM SUMMONS Returned Executed by LG Capital Funding, LLC. On4 Communications, Inc. served on 12/19/2016, answer due 1/9/2017. (Kehrli, Kevin) Related: [-]
Monday, December 19, 2016
4		4 misc Quality Control Check - Attorney Case Opening Mon 12/19 10:01 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) Related: [-]
3		3 misc Clerks Notice of Rule 73 Mon 12/19 10:01 AM 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. (Bowens, Priscilla) Related: [-]
Thursday, December 15, 2016
2		2 service Summons Issued Mon 12/19 10:01 AM Summons Issued as to On4 Communications, Inc.. (Bowens, Priscilla) Related: [-]
1		1 cmp Complaint Thu 12/15 5:55 PM COMPLAINT against On4 Communications, Inc. filing fee $ 400, receipt number 0207-9143431 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LG Capital Funding, LLC. (Kehrli, Kevin) Related: [-]
		Att: 1 Exhibit A - Note,
		Att: 2 Exhibit B - Notice,
		Att: 3 Exhibit C - Letter,
		Att: 4 Civil Cover Sheet,
		Att: 5 Proposed Summons
		utility Case Assigned/Reassigned Mon 12/19 9:59 AM Case assigned to Judge Eric N. Vitaliano and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla) Related: [-]

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