Parker v. F & G TRENDS, INC.
- Analisa Torres
- 1:24-cv-08355
- U.S. District Court · Southern District of New York
- 1
In Parker v. F & G TRENDS, Judge Torres ordered Parker to supplement his default-judgment motion after finding required materials and proof of service missing.
The order affects Jeffrey Parker’s motion for default judgment against F & G TRENDS, INC. by requiring additional supporting materials and addressing proof of service.
What happened
In Parker v. F & G TRENDS, Jeffrey Parker asked the court to enter a default judgment against F & G TRENDS, INC.
The court found that Parker had not followed required filing procedures. He had not submitted a proposed order explaining why the defendant should show cause for a default judgment, and his filings did not explain the basis for each part of his damages request. The court also said that the mailing receipt he submitted did not establish proper service because service by mail generally requires a returned acknowledgment of receipt within the statutory period.
Judge Analisa Torres ordered Parker to file any missing materials supporting his motion by March 26, 2025. The order did not grant or deny the motion for default judgment.
The detailed version
- Parker v. F & G TRENDS, INC. · No. 1:24-cv-08355
- Analisa Torres
- Mar. 19, 2025
Background
Jeffrey Parker, on behalf of himself and others described as similarly situated, moved for a default judgment against F & G TRENDS, INC. The opinion identifies the motion as appearing at ECF Nos. 17–21.
Court’s concerns
The court determined that Parker had not complied with the procedures in Attachment A to the court’s Individual Practices in Civil Cases. Specifically, Parker had not submitted a proposed order to show cause for default judgment. The court also found that his memorandum of law and declaration did not explain the basis for each element of his damages request.
The court further advised that federal and New York law do not recognize service of process by mail unless an acknowledgment of receipt is returned during the applicable statutory period. It concluded that the mailing receipt at ECF No. 21-1 was not enough to establish proof of service.
Disposition
Judge Analisa Torres ordered Parker to file any outstanding materials supporting his motion by March 26, 2025. The order did not grant or deny the motion for default judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.