Redd v. Radnet, Inc.
- John Cronan
- 1:25-cv-00548
- U.S. District Court · Southern District of New York
- 3
In Redd v. Radnet, Judge Cronan granted defendants’ request to vacate the Clerk’s default certificate and required an answer by April 7.
The ruling affects Radnet Management, Inc. and Mid Rockland Imaging Partners, Inc. by vacating the Clerk’s Certificate of Default and allowing them to file an answer and continue participating in the case. It also allows Plaintiff Garrison Redd’s claims to proceed without a default ruling.
What happened
Redd v. Radnet concerns Plaintiff Garrison Redd’s claims that the defendants violated the Americans with Disabilities Act and related state and city laws. The Clerk entered default after the defendants did not respond by the deadline, and the defendants asked to set that entry aside with Redd’s consent.
The defendants said their delay was caused by administrative problems, that they acted promptly after learning of the case and the default, and that setting aside the default would not harm Redd. They also identified proposed defenses concerning control of the property and whether the requested accessibility changes were legally or technically feasible.
The court granted the request, vacated the Clerk’s Certificate of Default, and ordered the defendants to file their proposed answer by April 7, 2025. Judge John P. Cronan also required the defendants to participate in the scheduled Initial Pretrial Conference and related filings.
The detailed version
- Redd v. Radnet, Inc. · No. 1:25-cv-00548
- John Cronan
- Apr. 3, 2025
Background
Plaintiff Garrison Redd filed this action alleging violations of Title III of the Americans with Disabilities Act and analogous state and city laws. The defendants identified in the application were Radnet Management, Inc., which the complaint incorrectly called “Radnet, Inc.,” and Mid Rockland Imaging Partners, Inc. The opinion also refers to 1790 Broadway Associates LLC in connection with lease-related matters bearing on defense and indemnification.
Redd represented that Mid Rockland was served on February 3, 2025, and Radnet was served on February 4, 2025, through the New York Secretary of State. Mid Rockland stated that it did not learn of the action until February 24, the date its response was due. The defendants said they had no record of service on Radnet through the Secretary of State and that their legal department then needed additional time to locate counsel and address lease-related matters.
On March 26, 2025, Redd requested entry of default, and the Clerk issued a Certificate of Default the same day. The defendants later asked the court to set aside the entry under Federal Rule of Civil Procedure 55(c). Redd consented to the request.
Legal standard
Under Rule 55(c), a court may set aside an entry of default for “good cause.” Courts consider whether the default was willful, whether setting it aside would prejudice the other party, and whether the defaulting party has a potentially meritorious defense. The opinion states that this standard is less demanding than the standard for setting aside a default judgment.
Court’s ruling
The court granted the request. It vacated the Clerk’s Certificate of Default, Docket 16. The court accepted the defendants’ explanation that administrative delays, rather than a deliberate or bad-faith decision, caused the late response. It also found no prejudice because the case was at an early stage, before the Initial Pretrial Conference, and Redd agreed that the dispute should be resolved or litigated on its merits.
The defendants identified proposed defenses that they did not own, operate, lease, or otherwise control the common-area elements at issue. They also asserted that the requested accessibility alterations were not readily achievable for pre-ADA conditions or technically feasible under the applicable accessibility standards. The order required the defendants to file their proposed answer by April 7, 2025, participate in the April 14, 2025 Initial Pretrial Conference, and make the required joint pre-conference filings. Judge John P. Cronan directed the Clerk to close Docket Number 20.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.