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Key Items, Inc. v. Ultima Diamonds, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 15, 2012
09 Civ. 3729 (HBP) (S.D.N.Y. Feb. 15, 2012)

Opinion

09 Civ. 3729 (HBP)

02-15-2012

KEY ITEMS, INC., Plaintiff, v. ULTIMA DIAMONDS, INC., GLOBAL JEWELLERY SOLUTIONS LTD., ULTIMA 2008 LTD. and EDWARD MAIEROVITZ, Defendants.


OPINION AND ORDER

A11 parties have consented to my exercising plenary jurisdiction over this matter pursuant to 28 U.S.C. § 636(c).


PITMAN, United States Magistrate Judge:

On March 24, 2010 I granted the application of Jennifer Redmond, Esq. to be relieved as counsel for Ultima Diamonds, Inc. and Edward Maierovitz. My Order relieving Ms. Redmond provided that

Because Ultima Diamonds, Inc. is a corporation, it cannot proceed pro se; it must be represented by counsel. Rowland v. California Men's Colony, 506 U.S. 194, 201-03 (1993); Grace v. Bank Leumi Trust Co., 443 F.3d 180, 192 (2d Cir. 2006); Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d 565, 568 (2d Cir. 2000). Accordingly, Ultima Diamonds is warned that unless it retains new counsel within thirty (30) days of the date of this Order, a default judgment will be entered against it.

Despite the passage of almost two years, Ultima Diamonds, Inc. has never retained new counsel. Accordingly, I conclude that it is in default.

Because this is an action on an account stated, I further conclude that no inquest is necessary. See British Int'l Ins. Co. v. Seguros La Republica, S.A., 90 Civ. 2370 (JFK), 1999 WL 301689 at *10 (S.D.N.Y. May 12, 1999) (Keenan, D.J.), aff'd in part, vacated in part on other grounds, 213 F.3d 625 (2d Cir. 2000); Stephan B. Gleich & Assocs. v. Gritsipis, 87 A.D.3d 216, 223, 927 N.Y.S.2d 349, 355 (2d Dep't 2011). Accordingly, the Clerk of the Court is directed to enter judgment in favor of plaintiff against Ultima Diamonds, Inc. in the amount of the account stated — $112,976.26 — plus pre-judgment interest at the rate of 9% from March 17, 2009.

Because all claims against all other parties have been dismissed as a result of my Orders dated August 17, 2010 (Docket Item 26) and September 29, 2011 (Docket Item 36), upon the entry of judgment against Ultima Diamonds, Inc., the Clerk of the Court is directed to mark this matter closed.

Dated: New York, New York

February 15, 2012

SO ORDERED

______________________

HENRY PITMAN

United States Magistrate Judge

Copies transmitted to:

Kathryn L. Bedke, Esq.

Paduano & Weintraub LLP

9th Floor

1251 Avenue of the Americas

New York, New York 10020

Jennifer A. Redmond, Esq.

Law Offices of Jennifer Redmond

12th Floor

44 Wall Street

New York, New York 10005

Francis D. Bigelow, II

Sadis & Goldberg

21st Floor

551 Fifth Avenue

New York, New York 10176


Summaries of

Key Items, Inc. v. Ultima Diamonds, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 15, 2012
09 Civ. 3729 (HBP) (S.D.N.Y. Feb. 15, 2012)
Case details for

Key Items, Inc. v. Ultima Diamonds, Inc.

Case Details

Full title:KEY ITEMS, INC., Plaintiff, v. ULTIMA DIAMONDS, INC., GLOBAL JEWELLERY…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Feb 15, 2012

Citations

09 Civ. 3729 (HBP) (S.D.N.Y. Feb. 15, 2012)