Correa v. DPV Transportation Inc.
- Ronnie Abrams
- 1:24-cv-06224
- U.S. District Court · Southern District of New York
- 12
In Correa v. DPV Transportation, Judge Lehrburger ordered a default-judgment motion by January 31, 2025, or warned of dismissal for failure to prosecute.
Miguel Correa and defendants DPV Transportation Inc. and DPV Transportation Worldwide LLC; the order required Correa to act by January 31, 2025 and warned of possible dismissal if he did not.
What happened
In Miguel Correa v. DPV Transportation Inc. and DPV Transportation Worldwide LLC, the plaintiff had obtained certificates of default against the defendants on October 18, 2024.
The plaintiff had not yet filed a motion asking the court to enter judgment because the defendants had failed to respond. The order provided the procedures and supporting documents required for such a motion.
Judge Robert W. Lehrburger ordered the plaintiff to file the required papers by January 31, 2025, if he intended to seek default judgment. Judge Lehrburger warned that failing to do so could lead to dismissal for failure to prosecute.
The detailed version
- Correa v. DPV Transportation Inc. · No. 1:24-cv-06224
- Ronnie Abrams
- Jan. 17, 2025
Background
On October 18, 2024, Miguel Correa obtained certificates of default against DPV Transportation Inc. and DPV Transportation Worldwide LLC. The opinion states that Correa had not yet moved for default judgment, which is a judgment requested against a party that failed to defend the case.
Order
The court directed Correa, if he intended to seek default judgment, to file the required motion papers by January 31, 2025. The order incorporated the default-judgment procedure in Judge Ronnie Abrams’s individual rules. That procedure requires a motion under Federal Rule of Civil Procedure 55(b)(2), along with specified supporting materials, including an attorney affidavit, damages evidence, proposed orders, pleadings, proof of service, and certificates of default.
Disposition and Effect
Judge Robert W. Lehrburger did not enter default judgment or decide the underlying claims. He warned that failing to file a default-judgment motion by the deadline may result in dismissal of the case for failure to prosecute, meaning failure to move the case forward. The opinion does not state that the case was dismissed.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.