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

Filing 37

OPINION AND ORDER. 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. (Signed by Magistrate Judge Henry B. Pitman on 2/15/2012) Copies Sent By Chambers. (lmb)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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KEY ITEMS, INC.,
Plainti
-against-

09 Civ. 3729 (HBP)
OPINION
AND ORDER l

ULTIMA DIAMONDS, INC., GLOBAL
JEWELLERY SOLUTIONS LTD., ULTIMA
2008 LTD. and EDWARD MAIEROVITZ,
Defendants.

-----------------------------------x
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 sei it must be represented by coun­
sel. 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). Accord­
ingly, 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.

lAll parties have consented to my exercising plenary
jurisdiction over this matter pursuant to 28 u.s.c. § 636(c).

Despite the passage of almost two years, Ultima Dia­
monds, 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

2

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

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