Certified Interiors, Inc. v. Caldwell & Walsh Building Construction Inc.
- Ho
- 1:24-cv-04298
- U.S. District Court · Southern District of New York
- 1
In Certified Interiors v. Caldwell & Walsh, Judge Ho set deadlines and a hearing on a motion seeking default judgment; he did not enter judgment.
Certified Interiors, Inc. and the defendants, including Caldwell & Walsh Building Construction Inc., because the order sets deadlines, service requirements, and a hearing concerning the requested default judgment.
What happened
Certified Interiors, Inc. asked the court for a default judgment against Caldwell & Walsh Building Construction Inc. and the other defendants. The request was filed on February 10, 2025.
The court ordered the defendants to file any opposition by April 21, 2025, and to appear at an April 24 hearing to explain why default judgment should not be granted. The court also required Certified Interiors to serve the motion and order on the defendants and file proof of service.
Judge Dale E. Ho did not grant or deny the default-judgment motion in this order. He set deadlines and a hearing, required a proposed judgment order, and cautioned that corporate entities must appear through licensed counsel.
The detailed version
- Certified Interiors, Inc. v. Caldwell & Walsh Building Construction Inc. · No. 1:24-cv-04298
- Ho
- Apr. 7, 2025
Background
On February 10, 2025, Certified Interiors, Inc. filed a motion seeking a default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The opinion does not decide whether default judgment should be entered.
Court’s Order
The court ordered the defendants to file any opposition to the motion by April 21, 2025. It also ordered the defendants to appear and explain at a hearing on April 24, 2025, why the court should not grant default judgment. The hearing was scheduled to occur remotely by telephone unless the court ordered otherwise.
The court required Certified Interiors to electronically file a proposed default-judgment order by the Thursday before the hearing for the Clerk’s approval. It also ordered Certified Interiors to serve the defendants by overnight courier with the motion, supporting papers, and the order within one business day after filing each document. Certified Interiors must file proof of each service within two business days.
Additional Warning
Judge Dale E. Ho cautioned that corporate entities may appear in federal court only through licensed counsel. The order cited Second Circuit decisions stating that a default judgment may be entered against a corporate entity that repeatedly fails to appear through counsel.
Disposition
The order sets procedures for resolving the pending default-judgment motion. It does not grant or deny that motion and does not enter a default judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.