Wilmington Trust v. Benedict
Wilmington Trust, National Association, Not in Its Individual Capacity, but Solely in Its Capacity as Trustee of BBCMS Mortgage Trust 2022-C17, Commercial Mortgage Pass Through Certificates, Series 2022-C17, Acting by and Through Argentic Services Company, LP, as Special Servicer v. Daniel Benedict, David Prinzivalli, Michael Forrest, Steven Cherin, and Dr. Anant J. Gandhi, as Sole Trustee of the VGSB Realty Trust, under Irrevocable Trust Agreement, dated August 7, 2020
- Jesse
- 1:26-cv-02259
- U.S. District Court · Southern District of New York
- 3
In Wilmington Trust v. Daniel Benedict, Judge Jesse wu entered default judgment against Michael Forrest on liability but deferred damages.
The order affects Michael Forrest, against whom liability was entered by default, and the plaintiff, whose damages determination was deferred. It also concerns the timing of damages proceedings involving the actively litigating defendants.
What happened
In Wilmington Trust, National Association v. Daniel Benedict, David Prinzivalli, Michael Forrest, Steven Cherin, and Dr. Anant J. Gandhi, the plaintiff asked for a default judgment against Michael Forrest. The court found that Forrest was properly served, did not respond, and was subject to a clerk’s certificate of default.
The court found that the plaintiff established Forrest’s liability on the claims in the Complaint and Amended Complaint. It entered default judgment against Forrest as to liability only.
Judge Jesse wu ruled that the court would defer deciding damages until the merits proceedings against the defendants who are actively litigating have ended. The plaintiff must serve the order on Forrest and file proof of service.
The detailed version
- Wilmington Trust v. Benedict · No. 1:26-cv-02259
- Jesse
- July 15, 2026
Background
The court considered the plaintiff’s motion for default judgment as to liability against Michael Forrest under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2. The court found that Forrest had been properly served with the Summons, Complaint, and Amended Complaint but did not answer or otherwise respond within the required time. The Clerk of Court had entered a certificate of default against him. The court also found that Forrest was not in military service protected by the Servicemembers Civil Relief Act and was not an infant or incompetent person.
Ruling
The court found that the plaintiff established Forrest’s liability on the claims asserted in the Complaint and Amended Complaint. It therefore entered default judgment against Forrest as to liability. Under Rule 54(b), the court found no just reason to delay entry of that liability judgment.
The court expressly deferred entry of final judgment as to damages. It explained that because some defendants had defaulted while other defendants were actively litigating, deciding damages separately could create inconsistent judgments. The court stated that damages would be addressed after the merits phase against the actively litigating defendants, potentially together with the damages determination for those defendants. The plaintiff was ordered to serve Forrest with a copy of the order and file proof of service on the court’s electronic docket. The Clerk was directed to terminate ECF No. 56.
Effect of the Order
The order resolves Forrest’s liability through default judgment but does not determine the amount of damages owed by him. The opinion does not state the specific claims or the amount of damages sought.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.