Eric Rogers v. Curry Express 1 Corp
- Jesse Furman
- 1:19-cv-08978
- U.S. District Court · Southern District of New York
- 2
In Eric Rogers v. Curry Express 1 Corp., Judge Furman scheduled default-judgment briefing and a show-cause hearing but did not enter default judgment.
The order affected Eric Rogers and the defendants, including Curry Express 1 Corp. and 135 Lexington Avenue LLC. It set deadlines and hearing procedures for a possible default-judgment motion but did not decide the underlying claims.
What happened
Eric Rogers sued Curry Express 1 Corp. and other defendants. The defendants were served with the complaint but had not answered or otherwise appeared by the time of this order.
The court set January 23, 2020, as the deadline for any motion for default judgment and January 30, 2020, as the deadline for any opposition. If a motion was filed, the defendants had to appear on February 3, 2020, and explain why default judgment should not be entered. The court did not enter default judgment in this order.
Judge Jesse M. Furman also warned the corporate defendants that they must appear through licensed lawyers, required Rogers to serve the order and any motion, and postponed the previously scheduled initial conference without setting a new date.
The detailed version
- Eric Rogers v. Curry Express 1 Corp · No. 1:19-cv-08978
- Jesse Furman
- Jan. 10, 2020
Background
Eric Rogers filed the complaint on September 26, 2019. The defendants were served on October 15, 2019, and proof of service was filed. The opinion states that the defendants had not answered the complaint or otherwise appeared.
Order
The court ordered that any motion for default judgment be filed by January 23, 2020, under the court’s individual rules and practices. Any opposition was due by January 30, 2020.
If a motion for default judgment was filed, the defendants were ordered to appear and show cause—that is, explain why the requested judgment should not be entered—at a February 3, 2020, hearing at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse in New York, New York. Rogers was required to file a proposed default-judgment order for the clerk’s approval before the hearing.
The court cautioned Defendant 135 Lexington Avenue LLC that a limited liability company may appear in federal court only through licensed counsel. It separately cautioned Defendant Curry Express 1 Corp. that a corporation must also appear through licensed counsel. The court stated that a default judgment may be entered against either entity if it repeatedly fails to appear through counsel.
If a defendant appeared, opposed the motion, or sought additional time to respond to the complaint, the hearing would be treated as the initial pretrial conference for that defendant, subject to specified pre-conference procedures and mediation requirements. Rogers was ordered to serve the defendants with this order within one business day and to serve any default-judgment motion and supporting papers within one business day after filing, with proof of service filed within two business days.
Disposition
The order scheduled briefing and a possible show-cause hearing; it did not grant or deny a motion for default judgment and did not decide the claims. Judge Jesse M. Furman adjourned the initial pretrial conference previously scheduled for January 16, 2020, without setting a new date.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.