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Case 1:12-cv-08551-LLS Document 20 Filed 04/08/13 Page 1 of 5

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

CO~ALL~AGEMrnNTLTDandOLEG
SOLOVIEV alk/a OLEG V ALENTINOVICH
SOLOVIEV,

Plaintiffs,

v.

maR UNITED CORP. alkJa TIiOR UNITED

CORPORATION, JON DOE TIiOR ENTITIES,

ATLANT CAPITAL HOLDINGS, LLC, OLEG

BATRACHENKO alkJa OLEG BATRATCHENKO,

alkJa O.V. BATRACHENKOV, PETERKAMBOLIN,

NORTH 3RD DEVELOPMENT, LLC, and ABRAHAM

BENNUN,

Defendants.

12 CIV 08551 (LLS)

VERIFIED MOTION FOR
ENTRY OF A CERTIFICATE
OF DEFAULT BY THE CLERK

Name of Assigned Judge:
Honorable Louis L. Stanton

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Plaintiffs, CornwaII Management Ltd. and Oleg Soloviev ("Plaintiffs"), by and through

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its undersigned counsel, pursuant to Fed. R. Civ. P. 55(a) atld Local Civil Rule of the S.D. N.Y.

55.1, moves for the entry of a certificate of default by the Clerk against Defendant, Thor United

Corp. ("Defendant"), and in support hereof states as follows:

1. On November 21, 2012, Plaintiffs commenced the instant action by the filing of a

summons and complaint in the United States District Court for the Southern District of New

York.

2. On February 13,2013, a copy of the summons and complaint was served personally

on Defendant, Thor United Corp. The receipt of service was filed with the Court on March 13,

2013, as was the affidavit of service filed with the Court on March 13,2013. [D.E. 14].

3. On February 26, 2013, Plaintiffs filed an amended complaint and summons with the

Court. (D.E.8].

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CATP.A.

Case 1:12-cv-08551-LLS Document 20 Filed 04/08/13 Page 2 of 5

4. On March 13, 2013, Plaintiffs served its certificate of service of the amended

complaint and summons on Defendant, Thor United Corp. [D.E. 15].

5. AJso on March 13, 2013, Plaintiffs .'Ien'ed the amended complaint and summons on

Defendant, Thor United Corp., pursuant to the following sections of New York State Law

Sections §102(a)(II), §306, §306-A, and §307 ofthe Business Corporation Law. [D.E. 16].

6. Defendant's response to the amended complaint was due on or before April 3, 2013.

7. To date, Defendant has failed to plead or otherwise defend the action by failing to file

or serve any response to the Complaint.

8. Defendant is a New York corporation, and therefore Defendant is not an infant, an

incompetent person, nor in the military service.

WHEREFORE, Plaintiffs, Cornwall Management Ltd. and Oleg Soloviev, respectfully

request the Clerk to enter a certificate of default in the form substantially attached hereto as

Exh. A, against the Defendant Thor United Corp.

VERIFICATION

Under penalties of perjury, pursuant to 28 U.S.C. §1746, I declare that I have read the
foregoing Verified Motion for Entry of a Certiflcate of Default by the Clerk, and that the facts
stated herein are true.

Dated: New York, New York

April 8,2013

.S.D.J.

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Cherish A. Thompson, Esq.

Respectfully submitted,
Cherish A. Thompson and Associates, P.A.
Attorneysjor Plaintiffs
Brickell Bay Office Tower
1001 Brickell Bay Drive, Suite 2014
Miami, Florida 33131
Telephone: 305.639.8600
Facsimile: 305.402.2828
[email protected]

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CI\.TP.i\.

Case 1:12-cv-08551-LLS Document 20 Filed 04/08/13 Page 3 of 5

[email protected]

By:

Is Cherish A. Thompson. Esq.
Cherish A. Thompson, Esq. (CT-7007)

CERTIFICATE OF SERVICE

[ HEREBY CERTIFY that a true and correct copy of the foregoing was filed via

electronic filing using the CMlECF system with the Clerk of the Court which sent e-mail

notification of such filing to all CMlECF participants in this case and via regular US mail to all

participants who are not on the list to receive e-mail notice/service for this case on this 8th day of

April 2013. [FURTHER CERTIFY that a true and correct copy of the foregoing was served via

US. Regular Mail on this 8th ofApril 2013, to Defendant, Thor United Corp., 1370 Broadway,

5th Floor, Unit 530, NY, NY 10018.

Is Ch!;rish A. Thompson, Esq.
Cherish A. Thompson, Esq.

3

CATPA

Case 1:12-cv-08551-LLS Document 20 Filed 04/08/13 Page 4 of 5

EXHIBIT A


Case 1:12-cv-08551-LLS Document 20 Filed 04/08/13 Page 5 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

CORNW ALL MANAGEMENT LTD and OLEG
SOLOVIEV aIkIa OLEG V ALENTINOVICH
SOLOVIEV,

Plaintiffs,

v.
THOR UNITED CORP. alkla THOR UNITED
CORPORATION, JON DOE THOR ENTITIES,
A1LANT CAPITAL HOLDINGS, LLC, OLEG
BATRACHENKO alkla OLEG BATRATCHENKO,
alkla O.V. BATRACHENKOV, PETER KAMBOLIN,
NORTH 3RD DEVELOPMENT, LLC, and ABRAHAM
BENNUN,

Defendants.

12 CN 08551 (LLS)

CLERK'S DEFAULT

Name of Assigned Judge:
Honorable Louis L. Stanton

I, RUBY J. KRAJICK, Clerk of the United States District Court for the Southern District

of New York, do hereby certify that this action commenced on November 21, 2012 with the

filing of a summons and complaint. A copy of the summons and complaint was served on

Defendant, Thor United Corp., by serving the New York Secretary of State on February 13,

2013. Proof of such service thereof was filed on March 13, 2013. On February 26, 2013,

plaintiffs filed an amended complaint. A copy of the amended complaint was served on

Defendant, Thor United Corp., by serving the New York Secretary of State on March 13,2013.

Accordingly, a response was due on or before April 3, 2013. I further certify that the docket

entries indicate that Defendant, Thor United Corp., has not filed an answer or otherwise moved

with respect to the amended complaint herein. The default of the Defendant, Thor United Corp.,

is hereby noted.

Dated: New York, New York

April - ' 2013

RUBY J. KRAJICK
Clerk of the Court

By:

Deputy