Cardenas v. Infusion Capital Group LLC
- Jesse Furman
- 1:25-cv-01386
- U.S. District Court · Southern District of New York
- 3
In Cardenas v. Infusion Capital Group, Judge Furman granted discovery and extended Cardenas’s default-judgment deadline to August 7, 2025.
Erica Cardenas and the putative class received additional time for discovery and a default-judgment motion; Infusion Capital Group LLC and potentially third parties may be subject to the requested discovery.
What happened
In Cardenas v. Infusion Capital Group LLC, Erica Cardenas asked to take discovery before seeking class certification and a default judgment. She said the discovery would identify people who received the defendant’s prerecorded calls and determine their damages.
Cardenas also asked for 90 additional days to conduct discovery and file motions for class certification and default judgment. She sought call records from the defendant and third parties involved in making the calls.
Judge Jesse Furman granted the application. The court extended the deadline for any motion for default judgment to August 7, 2025, and directed the clerk to terminate ECF No. 9.
The detailed version
- Cardenas v. Infusion Capital Group LLC · No. 1:25-cv-01386
- Jesse Furman
- May 12, 2025
Background
Erica Cardenas filed a putative class action against Infusion Capital Group LLC. The opinion states that Cardenas served the defendant on March 20, 2025, and that the defendant’s response was due April 10, 2025. The opinion does not separately state that the court had entered default against the defendant.
Plaintiff’s Request
Cardenas sought leave to take discovery before moving for class certification and default judgment. She said discovery was needed to identify recipients of the defendant’s allegedly unlawful prerecorded calls and to determine how many calls each potential class member received. According to the application, those call totals were needed to calculate statutory damages of $500 per call on behalf of the class and individual class members.
Cardenas requested permission to serve discovery on the defendant and third parties involved in making the calls, including requests for call logs. She also requested 90 days to conduct discovery and file motions for class certification and default judgment.
Ruling
The court stated, “Application GRANTED.” It extended the deadline for Cardenas to file any motion for default judgment, as described in the court’s April 25, 2025 order, to August 7, 2025. The clerk was directed to terminate ECF No. 9. The opinion does not provide a separate explanation of the scope or conditions of the discovery authorization beyond granting the application and extending the deadline.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.