The Village Recorder v. The Village Music School

Background

The Village Recorder obtained a Clerk’s certificate of default against The Village Music School, Inc. on August 14, 2024. A certificate of default records that a party had failed to respond as required. The Village Recorder then moved for default judgment, relying on the school’s failure to answer, its alleged failure to disclose certain facts before a settlement conference, and its failure to respond to discovery requests.

Counsel and filings

The court extended the school’s deadline to oppose the motion after the school represented that its lawyer, Mark D. Rasch, had disregarded his duties and that the school needed new counsel. John A. Farnsworth later appeared for the school. The school then moved to remove Mr. Rasch as its attorney of record, stating that he had been unresponsive and had not acted diligently. The court granted that motion on September 16, 2024.

On September 17, 2024, the school filed a memorandum that the court treated as both an opposition to default judgment and a cross-motion to vacate the entry of default. The school argued that its failure to respond to the complaint was not willful because of its former lawyer’s alleged neglect and misfeasance. It stated that it wanted to defend the case on the merits and would file an answer and participate in discovery if the default were vacated.

Court’s action

The court cited the strong preference for resolving disputes on their merits rather than through default. It directed the parties to confer and try to resolve the issues without further court intervention. The parties must file a joint status update by September 26, 2024. If The Village Recorder continued to seek default judgment, its reply to the school’s filing was due October 3, 2024.

The order did not grant or deny the motion for default judgment or the cross-motion to vacate the default. It also did not decide the underlying claims.