Ewers v. Montefiore Medical Center
- Rearden
- 1:23-cv-09386
- U.S. District Court · Southern District of New York
- 2
In Ewers v. Montefiore Medical Center, Judge Rearden directed Ewers to file a corrected default-judgment motion by July 17, 2025.
Narline Ewers and Montefiore Medical Center; the order concerns Ewers’s application for a default judgment and requires a corrected motion if she continues pursuing it.
What happened
In Ewers v. Montefiore Medical Center, Narline Ewers asked the court to enter a default judgment against Montefiore Medical Center and submitted supporting documents.
The court said the submission did not show that Montefiore Medical Center was legally responsible based on the facts alleged in the complaint. It also did not meet the court’s requirement for a legal memorandum explaining why those facts established liability.
Judge Rearden therefore said the court would not consider the application. The court directed Ewers to file a corrected motion by July 17, 2025, if she intends to continue seeking a default judgment. The court warned that failing to file a timely and proper motion may result in dismissal without prejudice of the case.
The detailed version
- Ewers v. Montefiore Medical Center · No. 1:23-cv-09386
- Rearden
- July 3, 2025
Background
Narline Ewers moved for a default judgment against Montefiore Medical Center and submitted a declaration and proposed judgment in support. The opinion does not provide additional facts about the underlying dispute.
Court’s Analysis
A court may enter a default judgment when the complaint’s factual allegations, taken as true, establish the defendant’s legal liability. The court’s individual rules also required a memorandum of law analyzing why the facts pleaded in the complaint support liability.
The court concluded that Ewers’s submission failed to establish that Montefiore Medical Center was liable as a matter of law. The submission also did not satisfy the court’s memorandum requirement. The court therefore stated that it would not consider Ewers’s application.
Disposition
The order does not state that the default-judgment motion was granted or denied. Instead, it directs Ewers to file a corrected motion by July 17, 2025, if she plans to continue seeking a default judgment. The court states that failure to submit a timely and proper motion may result in dismissal without prejudice of the case. The clerk was also directed to send the order to specified offices, counsel, and general counsel for Montefiore Medical Center.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.