Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chem RX Pharmacy Services, LLC v. Saratoga Center for Care, LLC

United States District Court, N.D. New York

January 16, 2018

CHEM RX PHARMACY SERVS. LLC, d/b/a Chem Rx, Plaintiff,
v.
SARATOGA CTR. FOR CARE, LLC, d/b/a Saratoga Ctr. for Rehab and Skilled Nursing Care, Defendant.

          FULTZ MADDOX DICKENS PLC JENNIFER METZGER STINNETT, ESQ. MATTHEW C. WILLIAMS, ESQ. Counsel for Plaintiff

          DENTONS U.S. LLP BRIAN S. COUSIN, ESQ. RICHARD I. SCHARLAT, ESQ. Counsel for Defendant

          DECISION AND ORDER

          GLENN T. SUDDABY, CHIEF UNITED STATES DISTRICT JUDGE

         Currently before the Court, in this breach-of-contract action filed by Chem Rx (“Plaintiff”) against Saratoga Center for Rehab and Skilled Nursing Care (“Defendant”), are Defendant's motion to set aside the default judgment entered against it pursuant to Fed.R.Civ.P. 60(b), and Plaintiff's motion for a bill of costs. (Dkt. Nos. 21, 23.) For the reasons set forth below, Defendant's motion is conditionally granted, and Plaintiff's motion is denied without prejudice.

         I. RELEVANT BACKGROUND

         A. Plaintiff's Claims

         Generally, in its Complaint, Plaintiff (a provider of pharmacy goods that is a citizen of California and Kentucky) asserts against Defendant (a skilled nursing facility that is a citizen of New York) the following four claims: (1) a claim for breach of contract arising from Defendant's failure to pay for pharmacy goods and services in the amount of at least $277, 716.46 as agreed upon the parties' Pharmacy Services Agreement; (2) a claim for breach of contract arising from Defendant's improper termination of the aforementioned Agreement; (3) a claim of unjust enrichment / constructive trust; and (4) a claim for account stated. (See generally Dkt. No. 1 [Plf.'s Compl.].) Familiarity with Plaintiff's claims, and the factual allegations supporting them, is assumed in this Decision and Order, which is intended primarily for review by the parties.

         B. Relevant Procedural History

         1. Plaintiff's Service of its Complaint and Defendant's Failure to Answer

         On September 7, 2017, Plaintiff filed its Complaint in this action. (Dkt. No. 1.) On September 25, 2017, 2017, Plaintiff served its Complaint on Defendant (through delivering copies of the Summons and Complaint to the New York Secretary of State). (Dkt. No. 8.) As of the date of this Decision and Order, Defendant has filed no Answer to that Complaint. (See generally Docket Sheet.)

         2. Clerk's Office's Entry of Default and Defendant's Non-Appearance

         On October 18, 2017, Plaintiff requested an entry of default by the Clerk of the Court. (Dkt. No. 10.) On October 19, 2017, the Clerk of the Court entered default against Defendant, pursuant to Fed.R.Civ.P. 55(a). (Dkt. No. 11.)

         3. Plaintiff's Motion for Default Judgment

         On November 8, 2017, Plaintiff filed a motion for default judgment pursuant to Fed.R.Civ.P. 55(b), requesting that such a judgment be entered by the Clerk of the Court pursuant to Fed.R.Civ.P. 55(b)(1). (Dkt. No. 15.) On November 14, 2017, the Court issued a Text Order sua sponte staying decision of Plaintiff's motion for default judgment pursuant to Fed.R.Civ.P. 55(b) and directing Plaintiff to supplement its papers so as to fulfill the requirements of a judgment entered by the Court pursuant to Fed.R.Civ.P. 55(b)(2). (Dkt. No. 17.) On November 15, 2017, Plaintiff so supplemented its papers. (Dkt. No. 18.) On November 16, 2017, this Court granted Plaintiff's motion and entered default judgment against Defendant pursuant to Fed.R.Civ.P. 55(b)(2). (Dkt. No. 19.)

         4. Defendant's Motion to Set Aside Default Judgment

         On November 28, 2017, defense counsel appeared and filed this motion to set aside default judgment on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.