Opinion
Civil Action 1:21-cv-02639-VEC-SN
08-06-2021
THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. TAHIR JIWAN and MOXY FINANCIAL GROUP, LLC, Defendants.
McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP Attorneys for Plaintiff, The Guardian Life Insurance Company of America
McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
Attorneys for Plaintiff,
The Guardian Life Insurance Company of America
[PROPOSED] DEFAULT JUDGMENT
ECF CASE
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
This action having been commenced on March 26, 2021 with the filing of a Complaint (Doc. No. 2); Defendant Tahir Jiwan (“Jiwan”) was served by Guaranteed Subpoena Process Server Lee Gauthreaux on May 6, 2021, by leaving copies of the Summons and Complaint at Jiwan's dwelling house or usual place of abode with his wife and co-resident Alia Rasheed, a person of suitable age and discretion then residing therein (Doc. No. 14); and Defendant Moxy Financial Group, LLC (“Moxy”) was served by Guaranteed Subpoena Process Server Lee Gauthreaux on May 6, 2021, by leaving copies of the Summons and Complaint with Alia Rasheed, the Registered Agent of Moxy at her dwelling house or usual place of abode (Doc. No. 15); Proofs of Service upon Jiwan and Moxy were ECF filed on May 19, 2021 (Doc. No. 14 and Doc. No. 15); the date for the filing of an Answer or Motion pursuant to Federal Rule of Civil Procedure 12 expired on May 27, 2021; no Answer or Motion pursuant to Federal Rule of Civil Procedure Rule 12 has been filed by Jiwan and/or Moxy; the default of Defendant Tahir Jiwan and the default of Defendant Moxy Financial Group, LLC having been noted on June 22, 2021 by the Clerk's Certificate of Default (Doc. No. 21); this Court having entered an Order on July 9, 2021 requiring Defendants to show cause on August 6, 2021 at 11:00 a .m. why Default Judgment should not be entered against Defendants; service of the Order to Show Cause and Plaintiff's supporting papers upon Defendants having been made by overnight mail and email on July 14, 2021; Plaintiff having presented calculations of the amount due to it from Defendants including pre-judgment interest (as reflected on the Statements annexed hereto as Exhibit A) in the total amount of $249, 709.69; and good cause having been shown;
IT IS on this 6 day of August, 2021 hereby
ORDERED, ADJUDGED, AND DECREED that Judgment be, and it hereby is, entered in favor of Plaintiff, The Guardian Life Insurance Company of America, and against Defendants Tahir Jiwan and Moxy Financial Group, LLC, in the amount of $249, 709.69 and Plaintiff, The Guardian Life Insurance Company of America, may recover from Defendants Tahir Jiwan and Moxy Financial Group, LLC the sum of $249, 709.69 plus post-judgment interest.