Arcarius LLC v. Medical Solutions International, Inc. et al
| New York Southern District Court | |
| Judge: | Naomi Reice Buchwald |
| Case #: | 1:15-cv-03632 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332oc Diversity-Other Contract |
| Case Filed: | May 11, 2015 |
| Terminated: | Dec 02, 2015 |
| Last checked: Saturday Nov 07, 2015 8:38 AM EST |
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Defendant
Malcomb Cork
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Defendant
Medical Solutions International, Inc.
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Plaintiff
Arcarius LLC
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Represented By
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| Docket last updated: 04/14/2025 11:59 PM EDT |
| Wednesday, December 02, 2015 | ||
| 14 | 14
order
Judgment - Default
Wed 12/02 6:03 PM
JUDGMENT: This action was commenced on May 11, 2015, by the filing of the Summons and Complaint. The defendants were both served with the pleadings more than thirty days ago and the affidavits of service were filed on or before September 11, 2015. A Clerk's Certificate of Default for Medical Solutions International was filed on July 31, 2015 and one for Malcomb Cork on October 22, 2015. As the defendants have not answered the Complaint, and as the time to answer the Complaint has expired, and whereas neither defendant responded to an Order to Show Cause why a default judgment should not be entered, it is ORDERED, that the plaintiff, ARCARIUS, LLC, have judgment against the defendants, MEDICAL SOLUTIONS INTERNATIONAL, INC., residing at 300 Executive Center Drive, Suite 208, Greenville, South Carolina, and MALCOMB CORK, residing at 211 New Castle Drive, Duncan, South Carolina, 29334, in the liquidated amount of $92,235.72 at 9% interest from April 3, 2015 to date, amounting to $5,526.56 plus costs and disbursements of this action in the amount of $528.90, amounting in all to $98,291.18, plus post judgment interest at the statutory rate from the date of this judgment. (Signed by Judge Naomi Reice Buchwald on 12/2/2015)(kko) |
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Att: 1
Right to Appeal,
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Att: 2
Right to Appeal
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| Monday, November 23, 2015 | ||
| 13 | 13
service
Affidavit of Service Other
Mon 11/23 9:18 AM
AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Documents served on Malcomb Cork on 11/10/15. Document filed by Arcarius LLC. (Murray, Christopher) |
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| Thursday, November 05, 2015 | ||
| 12 | 12
respoth
Declaration in Support (non-motion)
Thu 11/05 6:31 PM
DECLARATION of Christopher R. Murray, Esq. in Support re:11 Order to Show Cause,,. Document filed by Arcarius LLC.(Murray, Christopher) |
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Att: 1
Exhibit 1 - Proof of Service,
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Att: 2
Exhibit 2- Affidavit of Merit with supporting documents,
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Att: 3
Exhibit 3 - Invoices for service,
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Att: 4
Text of Proposed Order Proposed Judgment by Default
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| 11 | 11
order
Order to Show Cause
Thu 11/05 2:22 PM
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT. It is hereby ORDERED that the defendants shall show cause as to why an Order should not be entered directing the clerk to enter a default judgment against the defendants as to plaintiff's cause of action. Show Cause Hearing set for 12/2/2015 at 02:15 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald, and as further set forth in this Order to Show Cause for Default Judgment. (Signed by Judge Naomi Reice Buchwald on 11/4/2015) (rjm) |
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| Thursday, October 22, 2015 | ||
| 10 | 10
misc
Certificate of Clerk
Thu 10/22 9:14 AM
CLERK'S CERTIFICATE OF DEFAULT as to Malcomb Cork. (km) |
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| Wednesday, October 21, 2015 | ||
| 9 | 9
misc
Request to Enter Default
Wed 10/21 5:56 PM
REQUEST TO ENTER DEFAULT against Malcomb Cork . Document filed by Arcarius LLC.(Murray, Christopher) |
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Att: 1
Affidavit,
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Att: 2
Supplement Proposed Certificate,
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Att: 3
Exhibit A - Affidavit of Service,
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Att: 4
Affidavit Affidavit of Service
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| Friday, September 11, 2015 | ||
| 8 | 8
service
Affidavit of Service Complaints
Fri 09/11 5:45 PM
AFFIDAVIT OF SERVICE. Malcomb Cork served on 9/11/2015, answer due 10/2/2015. Service was made by Nail and Mail. Document filed by Arcarius LLC. (Murray, Christopher) |
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| Thursday, September 03, 2015 | ||
| 7 | 7
order
Order
Thu 09/03 10:51 AM
ORDER. Plaintiff has requested that we order defendants to show cause why default judgment should not be entered. For the reasons in this Order, plaintiff's request is denied as to defendant Cork and the Clerk's entry of default against defendant Cork (ECF No. 5) is hereby vacated. As to defendant Medical Solutions International, plaintiff may submit a proposed default judgment, and as further set forth herein. As it is not our custom to issue an order to show cause before granting default judgment against a non-appearing defendant, we grant plaintiff leave to submit a proposed default judgment against Medical Solutions International. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/2/2015) Copies Mailed By Chambers. (rjm). (Main Document 7 replaced on 9/3/2015) (rjm) |
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| Friday, July 31, 2015 | ||
| 6 | 6
1
pgs
misc
Certificate of Clerk
Fri 07/31 10:27 AM
CLERK'S CERTIFICATE OF DEFAULT as to Medical Solutions International, Inc. (km) |
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| 5 | 5
misc
Certificate of Clerk
Fri 07/31 10:26 AM
CLERK'S CERTIFICATE OF DEFAULT as to Malcomb Cork. (km) |
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| 4 | 4
misc
Request to Enter Default
Fri 07/31 9:35 AM
REQUEST TO ENTER DEFAULT against MEDICAL SOLUTIONS INTERNATIONAL, INC., and MALCOMB CORK . Document filed by Arcarius LLC.(Murray, Christopher) |
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Att: 1
Affidavit Declaration,
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Att: 2
2 pgs
Text of Proposed Order Proposed Clerk's Certificates of Default,
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Att: 3
10 pgs
Exhibit Exhibit A - Contract with Service of Process Agreement,
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Att: 4
Exhibit Exhibit B - Proof of Service,
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Att: 5
1 pgs
Affidavit Affidavit of Service
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| Thursday, July 30, 2015 | ||
| 3 | 3
service
Affidavit of Service Complaints
Thu 07/30 9:28 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Malcomb Cork served on 6/2/2015, answer due 6/23/2015; Medical Solutions International, Inc. served on 5/18/2015, answer due 6/8/2015. Service was made by Certified Mail as agreed to by the parties in the attached contract. Document filed by Arcarius LLC. (Murray, Christopher) |
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| Monday, May 11, 2015 | ||
| 2 | 2
misc
Civil Cover Sheet
Tue 05/12 12:34 PM
CIVIL COVER SHEET filed. (moh) |
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| 1 | 1
cmp
Complaint
Tue 05/12 12:34 PM
COMPLAINT against Malcomb Cork, Medical Solutions International, Inc.. (Filing Fee $ 350.00, Receipt Number 465401124950)Document filed by Arcarius LLC.(moh) |
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service
Summons Issued
Tue 05/12 12:34 PM
SUMMONS ISSUED as to Malcomb Cork, Medical Solutions International, Inc.. (moh) |
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utility
Case Designation
Tue 05/12 12:34 PM
Magistrate Judge Frank Maas is so designated. (moh) |
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utility
Case Designated ECF
Tue 05/12 12:34 PM
Case Designated ECF. (moh) |
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