Preview
FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------- --------x
STRATEGIC FUNDING SOURCE, INC.
Index No.: 157912/2015
Plaintiff,
- against- AFFIDAVIT IN SUPPORT
MAXIM TRANSPORTATION, LLC d/b/a
MAXIM TRANSPORTATION, and
ASMA WASIM (A/K/A ASMA A. WASIM),
Defendants.
--------------------------------------------------------------------x
STATE OF NEW YORK }
} ss.:
COUNTY OF NEW YORK }
MICHAEL JESSE CARLSON, ESQ. being duly sworn deposes and says the following, subject to the
penalties of perjury:
("SFS"
I am theSenior Vice President and General Counsel of Plaintiff,Strategic Funding Source, Inc. or
"Plaintiff"). As such, I have personal knowledge as to Plaintiff'sprocedures, and business and legal
practices. I have reviewed Plaintiff'sbooks and records as they pertain to thisfile and am fully familiar
with such. I make this Affidavit in Support of Plaintiff's motion for an order pursuant to CPLR §3215,
directing the clerk to enter default judgment against Defendants Maxim Transportation, LLC d/b/a Maxim
("Wasim"
Transportation ("Maxim Transportation") and Asma Wasim a/k/a Asma A. Wasim together
with Maxim Transportation, "Defendants"), based upon their failureto appear in this action, and for such
other and further reliefas this Court deems just and proper.
1. I was employed as general counsel to SFS the end of June 2017. Shortly after my arrival, July 30,
2017 and July25, 2017, the only two attorneys thatpreviously worked in the legal department
resigned from, and left,their employment with SFS. In addition, on July 28, 2017, a paralegal of the
legal department resigned, and lefther employment with SFS, and another paralegal was no longer
employed by SFS as of December 1,2017. Replacement counsel was hired the end of August 2017
and another attorney mid-September 2017. The attorney that was engaged in August 2017, however,
was no longer employed by SFS as of January 2018 and new counsel was engaged in February 2018.
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FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019
2. Prior to my arrival,there was no docket system in place for tracking the litigation.I understand that
when SFS was of a smaller scale, in house counsel was able to monitor the litigationwithout a formal
docket maintenance system. However, SFS grew significantly since 2014 thereby increasing the
default rate of, and litigation instituted against, the merchants that sought funding. I further
understand thatin house counsel, however, did not recognize the need for a formal tracking system
until the magnitude of the litigation became unmanageable.
3. Since my arrival,the entire legal department has been reorganizing and, as a part of thatprocess, has
been conducting an audit of pending legal files. Due to the lack of organization of the legal
department and the nearly three thousand pending cases, ittook me and the remaining staff of the
legal department two months merely to identify all litigation,and ittook another two months to
determine the status thereof. Thus, itwas not untilapproximately October 2017 that the legal
department had a comprehensive listof the status of allpending cases.
4. During the audit process, SFS identified several thousand cases that were eligible for default
judgments. Understanding the seriousness of itsobligations when seeking a default judgment, SFS
carefully prepared comprehensive default motions, which took a considerable amount of time, and
initiallywere filed with the Clerk of the Court. For a variety of reasons, however, the Clerk denied
entry of the motions and directed that the motions be brought before the Court. As a result, SFS has
been seeking entry of default through extensive default motions including multiple affidavits and
affirmations, a memorandum of law and numerous supporting exhibits. Each of these motions is
carefully prepared, requiring a significant amount of time to do so based upon the specific facts of
each case. Thus, the legal department has been, and continues to, dedicate itsfour person paralegal
staff and two attorneys to assist in thisprocess. Due to the sheer number of cases eligible for default,
however, the legal department has expended months on preparing and filing default motions and
continues to do so.
5. In the course of the audit, itwas determined that the motion for entry of default in this case was not
filed within the time period required by CPLR §3215(c). Accordingly, we respectfully request that
the Court permit the late filing of thismotion for entry of default pursuant to CPLR §3215(c).
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FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019
Whereas, Plaintiff respectfully requests that this motion be granted, and that Plaintiffreceive such other
and further relief as may be proper.
Sworn to before me
Thisd2 day of March, 20
Michael Jesse Carlson,
Senior Vice President and General Counsel of
Strategic Funding Source, Inc.
Jennif r Melissa Guerrero
Notary Public 7710832
Commonwealth of Virginia
My Commission Expires:
October 31, 2020
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Preview
FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------- --------x STRATEGIC FUNDING SOURCE, INC. Index No.: 157912/2015 Plaintiff, - against- AFFIDAVIT IN SUPPORT MAXIM TRANSPORTATION, LLC d/b/a MAXIM TRANSPORTATION, and ASMA WASIM (A/K/A ASMA A. WASIM), Defendants. --------------------------------------------------------------------x STATE OF NEW YORK } } ss.: COUNTY OF NEW YORK } MICHAEL JESSE CARLSON, ESQ. being duly sworn deposes and says the following, subject to the penalties of perjury: ("SFS" I am theSenior Vice President and General Counsel of Plaintiff,Strategic Funding Source, Inc. or "Plaintiff"). As such, I have personal knowledge as to Plaintiff'sprocedures, and business and legal practices. I have reviewed Plaintiff'sbooks and records as they pertain to thisfile and am fully familiar with such. I make this Affidavit in Support of Plaintiff's motion for an order pursuant to CPLR §3215, directing the clerk to enter default judgment against Defendants Maxim Transportation, LLC d/b/a Maxim ("Wasim" Transportation ("Maxim Transportation") and Asma Wasim a/k/a Asma A. Wasim together with Maxim Transportation, "Defendants"), based upon their failureto appear in this action, and for such other and further reliefas this Court deems just and proper. 1. I was employed as general counsel to SFS the end of June 2017. Shortly after my arrival, July 30, 2017 and July25, 2017, the only two attorneys thatpreviously worked in the legal department resigned from, and left,their employment with SFS. In addition, on July 28, 2017, a paralegal of the legal department resigned, and lefther employment with SFS, and another paralegal was no longer employed by SFS as of December 1,2017. Replacement counsel was hired the end of August 2017 and another attorney mid-September 2017. The attorney that was engaged in August 2017, however, was no longer employed by SFS as of January 2018 and new counsel was engaged in February 2018. 1 of 3 FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019 2. Prior to my arrival,there was no docket system in place for tracking the litigation.I understand that when SFS was of a smaller scale, in house counsel was able to monitor the litigationwithout a formal docket maintenance system. However, SFS grew significantly since 2014 thereby increasing the default rate of, and litigation instituted against, the merchants that sought funding. I further understand thatin house counsel, however, did not recognize the need for a formal tracking system until the magnitude of the litigation became unmanageable. 3. Since my arrival,the entire legal department has been reorganizing and, as a part of thatprocess, has been conducting an audit of pending legal files. Due to the lack of organization of the legal department and the nearly three thousand pending cases, ittook me and the remaining staff of the legal department two months merely to identify all litigation,and ittook another two months to determine the status thereof. Thus, itwas not untilapproximately October 2017 that the legal department had a comprehensive listof the status of allpending cases. 4. During the audit process, SFS identified several thousand cases that were eligible for default judgments. Understanding the seriousness of itsobligations when seeking a default judgment, SFS carefully prepared comprehensive default motions, which took a considerable amount of time, and initiallywere filed with the Clerk of the Court. For a variety of reasons, however, the Clerk denied entry of the motions and directed that the motions be brought before the Court. As a result, SFS has been seeking entry of default through extensive default motions including multiple affidavits and affirmations, a memorandum of law and numerous supporting exhibits. Each of these motions is carefully prepared, requiring a significant amount of time to do so based upon the specific facts of each case. Thus, the legal department has been, and continues to, dedicate itsfour person paralegal staff and two attorneys to assist in thisprocess. Due to the sheer number of cases eligible for default, however, the legal department has expended months on preparing and filing default motions and continues to do so. 5. In the course of the audit, itwas determined that the motion for entry of default in this case was not filed within the time period required by CPLR §3215(c). Accordingly, we respectfully request that the Court permit the late filing of thismotion for entry of default pursuant to CPLR §3215(c). 2 of 3 FILED: NEW YORK COUNTY CLERK 04/02/2019 09:13 AM INDEX NO. 157912/2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/02/2019 Whereas, Plaintiff respectfully requests that this motion be granted, and that Plaintiffreceive such other and further relief as may be proper. Sworn to before me Thisd2 day of March, 20 Michael Jesse Carlson, Senior Vice President and General Counsel of Strategic Funding Source, Inc. Jennif r Melissa Guerrero Notary Public 7710832 Commonwealth of Virginia My Commission Expires: October 31, 2020 3 of 3