© 2004 Susan Chana Lask All Rights Reserved.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
***************************************************
SMITH INTERNATIONAL, )
Plaintiff, ) CASE NUMBER: _______________
-against- )
UNIVERSITY OF LIBERIA, DR. BEN )
JONES, DR. LUCY ASH, DR. WILL DOE ) STATEMENT OF DAMAGES
& REPUBLIC OF LIBERIA-MINISTRY )
OF EDUCATION, )
Defendants. )
***************************************************
Principal amount sued for------------------------------------------------------------- $63,284.84
Interest at 9% from 11/02 through April 1, 2003 ---------- $ 3,603.38
Costs and disbursements:
Clerk's fee---------------------------------------------------------------------------------- $ 150.00
Process Server fee for service------------------------------------------------------- $
Statutory fee------------------------------------------------------------------------------ $
Total(as of ________)----------------------------------------------------------------- $
AFFIX AS EXHIBITS- COPY OF:
1. SUMMONS
2. COMPLAINT
3. PROOF OF SERVICE
-----------------------------------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
******************************************************
SMITH INTERNATIONAL, )
Plaintiff, ) CASE NUMBER: _______________
-against- )
UNIVERSITY OF LIBERIA, DR. BEN )
JONES, DR. LUCY ASH, DR. WILL DOE ) JUDGMENT BY DEFAULT
& REPUBLIC OF LIBERIA-MINISTRY )
OF EDUCATION, )
Defendants.
*********************************************************
SUSAN CHANA LASK, ESQ., an attorney duly licensed to practice law in this court, deposes and says under penalty of perjury:
1. I am a member of the Bar of this Court and am the attorney for plaintiff in the above-entitled action. I am familiar with all the facts and circumstances in this action.
2. I make this affirmation pursuant to Rule 55.1 and 55.2(a) of the Civil Rules for the Southern District of New York, in support of plaintiff's application for the entry of a default judgment against defendants.
3. This is an action to recover $63,284.84 owed by defendants to plaintiff for goods ordered by defendants and delivered to them by plaintiff, resulting in an account stated. None of the defendants are infants, in the military, nor an incompetent person.
4. Jurisdiction of the subject matter is based on the Foreign Sovereign Immunities Act,28 U.S.C. §1603 as defendants conducted commercial activities within the United States with Plaintiff and conducted acts outside the United States having a direct effect within the United States, to wit: negotiating contracts with Plaintiff, ordering products from Plaintiff and confirming promises to pay for said orders via telephone from Maryland and Pennsylvania to Plaintiff's place of business in Larchmont, New York. The activities were such that normally could be engaged in by a private party in the relevant marketplace; thus constituting a "commercial activity". Defendants are not absolutely immune from liability.
5. This action was commenced on November 6, 2002 by the filing of the summons and complaint. A copy of the summons and complaint was served on the defendants on December 5, 2002. Service was made via Federal Express requiring a signed receipt pursuant to U.S.C. 1608(3) on the defendants, University of Liberia, Dr. Ben A. Roberts, Dr. Luvenia Ash-Thompson, Dr. Walter Richards and the Republic of Liberia-Ministery of Education, on December 6, 2002. Proof of service was filed. Defendants have not answered the complaint and the time for Defendants to answer the complaint has expired.
6. On February 6, 2003 and numerous times thereafter I and the plaintiff contacted via telephone, fax and e-mails defendant Roberts who is President of defendant University of Liberia and also the supervisor of defendants Thompson and Richards. He acknowledeged being served. He directed us to speak with the attorney for the defendants, a David Jallah in Liberia. Mr. Jallah acknowledged service as of December 5, 2002. We engaged in settlement conversations for a week in February, 2003 and then Defendants' disappeared and refused to respond to my calls and contacts.
7. This action seeks judgment for the liquidated amount of $63,284.84, plus interest at 9% from November, 2002 (the date of filing this action) to March 11, 2003, plus costs of $150.00, as shown by the annexed Statement, which is justly due and owing, and no part of which has been paid to date.
7. The disbursements sought to be taxed have been made in this action or will necessarily be made herein.
WHEREFORE, plaintiff requests the entry of Default and the entry of the annexed Judgment against defendants.
Dated: New York, New York Yours, etc.,
April 28, 2003 ______________________
Susan Chana Lask, Esq.
Attorney for Plaintiff
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
*********************************************************
SMITH INTERNATIONAL, )
Plaintiff, ) CASE NUMBER: _______________
-against- )
UNIVERSITY OF LIBERIA, DR. BEN )
JONES, DR. LUCY ASH, DR. WILL DOE ) DEFAULT JUDGMENT
& REPUBLIC OF LIBERIA-MINISTRY )
OF EDUCATION, )
Defendants.
*****************************************************
This action having been commenced on November 6, 2002 by the filing of the Summons and Complaint, and a copy of the Summons and Complaint having been served December 6, 2002 via Federal Express requiring a signed receipt pursuant to USC 1608(3) on the defendants, University of Liberia, Dr. Ben Jones, Dr. Lucy Ash, Dr. Will Jones and the Republic of Liberia-Ministery of Education, and the defendants not having answered the Complaint, and the time for answering the Complaint having expired,it is
ORDERED, ADJUDGED AND DECREED: That the plaintiff have judgment against defendants in the liquidated amount of $63,284.84 with interest at 9% from November, 2002 to March 11, 2003, amounting to $66,888.22 plus costs and disbursements of this action in the amount of $150.00 amounting in all to $____.
Dated: New York New York
_________________ _______________________
U.S.D.J.
This document was entered on the docket on _____________________
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
******************************************************
SMITH INTERNATIONAL, )
Plaintiff, ) CASE NUMBER: _______________
-against- )
UNIVERSITY OF LIBERIA, DR. BEN )
JONES, DR. LUCY ASH, DR. WILL DOE ) CLERK'S CERTIFICATE
& REPUBLIC OF LIBERIA-MINISTRY )
OF EDUCATION, )
Defendants.
*********************************************************
I, J. MICHAEL MCMAHON, Clerk of the United States District Court for the Southern District of New York, do hereby certify that this actiuon commenced on November 6, 2002 with the filing of a summons and complaint, a copy of the summons and complaint were served on the defendants by serving via Federal Express requiring a signed receipt pursuant to USC 1608(3) on the defendants, University of Liberia, Dr. Ben
Jones, Dr. Lucy Ash, Dr. Will Doe and the Republic of Liberia-Ministery of Education, on December 6, 2002, and proof of such service thereof was filed on April 29, 2003.
I further certify that the docket entries indicate that the defendants have not filed an answer or otherwise moved with respect to the complaint herein. The default of the defendants is hereby noted.
Dated: New York, New York J MICHAEL MCMAHON
Clerk of the Court
________________ By: ______________________________
Deputy Clerk
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
******************************************************
SMITH INTERNATIONAL, )
Plaintiff, ) CASE NUMBER: _______________
-against- )
UNIVERSITY OF LIBERIA, DR. BEN )
JONES, DR. LUCY ASH, DR. WILL DOE )
& REPUBLIC OF LIBERIA-MINISTRY )
OF EDUCATION, )
Defendants.
)
PROOF OF SERVICE
L
*********************************************************
SUSAN CHANA LASK, ESQ., an attorney duly licensed to practice law in this court, deposes and says under penalty of perjury:
1. I am a member of the Bar of this Court and am the attorney for plaintiff in the above-entitled action. I am familiar with all the facts and circumstances in this action.
2. On December 4, 2002 I Federal Expressed a Complaint, Summons and Notice of Suit, all pursuant to USC 1608 and FRCP 4(f), under tracking number 8374 7187 6558 to (a)Ministry of Education: Minister: Dr. Evelyn White Kandakai, Broad Street , P.O. Box 10-1545 , 1000 Monrovia 10, Liberia Tel: 22 62 16/22 64 06 for defendant Republic of Liberia-Ministry of Education and (b) tracking number 837 7187 6547 to University of Liberia, Dr. Ben Jones, et. al., PO Box 9020, Monrovia, Liberia , containing 4 Complaints, Summons and Notices of Suit for defendants University, Jones, Ash and Doe.
3. I know service was complete upon all defendants as I spoke to defendants' University and Roberts attorney who confirmed receipt of the summons. Also, Federal Express has confirmed delivery.
Dated: New York, New York Yours, etc.,
April 28, 2003
______________________ Susan Chana Lask, Esq. (1744)
Attorney for Plaintiff
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
Case No. 02CV8846 Year 2002
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________
SMITH INTERNATIONAL,
Plaintiff,
-against-
UNIVERSITY OF LIBERIA, DR. BEN
JONES, DR. LUCY ASH, DR. WILL DOE
& REPUBLIC OF LIBERIA-MINISTRY
OF EDUCATION,
Defendants.
__________________________________
DEFAULT JUDGMENT
_________________________________
Attorneys for Plaintiff
LAW OFFICES OF
SUSAN CHANA LASK
853 Broadway, Suite 1516
New York, New York 10003
(212) 358-5762
© 2004 Susan Chana Lask All Rights Reserved.