Buxbaum v. Town of Clarkstown Police Department

Background

Michael Buxbaum, proceeding without a lawyer, filed this action against the Town of Clarkstown Police Department on January 16, 2025. On March 3, 2025, the court directed him to serve the summons and complaint within 90 days after the summons was issued. A summons was issued on March 4, 2025, and Buxbaum filed proof of service showing that the original complaint was served on April 30, 2025.

Before the defendant was required to answer or otherwise respond, Buxbaum filed an amended complaint on May 14, 2025. The order states that Buxbaum has not filed proof that he served the amended complaint. It also states that the defendant has not appeared and has not answered either the original or amended complaint.

Default procedure

The court explained that obtaining a default judgment generally involves two steps under Federal Rule of Civil Procedure 55. First, the plaintiff must obtain an entry of default from the Clerk of Court when the defendant fails to answer. For claims that are not for a fixed or readily calculable amount, the plaintiff must then apply to the court for a default judgment. The court may require proof of the facts supporting the judgment and damages; it does not automatically accept the complaint’s allegations or damages claims.

Order

By September 29, 2025, Buxbaum must either:

1. Seek a Clerk’s Certificate of Default based on the defendant’s failure to appear or answer the original complaint; or 2. Serve the amended complaint on the defendant and file an affidavit of service for the amended complaint.

The court warned that failure to take either step may result in dismissal of the action. It also reminded Buxbaum that he must notify the court in writing if his address changes and that failure to comply with court orders may likewise result in dismissal. The Clerk was directed to mail Buxbaum a copy of the order. The order did not enter default, grant default judgment, dismiss the case, or decide the underlying claims.