Totin v. Peterkin Residential Inc.
- James Oetken
- 1:19-cv-04673
- U.S. District Court · Southern District of New York
- 2
In Totin v. Peterkin Residential, Judge Oetken granted Totin’s default-judgment motion and ordered $37,597 in statutory damages and costs.
Brian Totin received a default judgment against Peterkin Residential Inc. for $37,597, including $36,720 in statutory damages and $877 in costs. The opinion states that Peterkin Residential did not appear through an attorney.
What happened
In Totin v. Peterkin Residential Inc., Brian Totin sued the company without a lawyer. Peterkin Residential was served but did not appear, and the court clerk entered a default.
Totin asked for a default judgment. The court concluded that judgment was warranted. It said a letter from Brandon Evans did not affect the case because Evans was not a named defendant and did not claim to represent Peterkin Residential.
Judge Oetken granted Totin’s motion and directed the clerk to enter judgment for Totin against Peterkin Residential for $37,597: $36,720 in statutory damages and $877 in costs.
The detailed version
- Totin v. Peterkin Residential Inc. · No. 1:19-cv-04673
- James Oetken
- Feb. 7, 2020
Background
Brian Totin filed this action without a lawyer on May 21, 2019. Peterkin Residential Inc. was served with the summons and complaint on June 25, 2019, but did not appear. On July 17, 2019, the Clerk of Court entered a certificate of default. Totin moved for default judgment on July 18, 2019.
Court’s Analysis
The court concluded that default judgment was warranted for the reasons stated in Totin’s supporting memorandum. Brandon Evans sent a letter claiming to be the real estate agent mentioned in the complaint’s factual allegations. The court found that the letter did not prevent default judgment because Evans was not named as a defendant and did not claim to represent, speak for, own, or act as an officer of Peterkin Residential. The court also stated that, because Peterkin Residential is a corporation, it could appear in court only through an attorney.
Ruling
Judge Oetken granted Totin’s motion for default judgment. The court directed the Clerk of Court to enter judgment for Totin against Peterkin Residential in the amount of $37,597, consisting of $36,720 in statutory damages and $877 in costs. The court directed Totin to mail a copy of the order to Peterkin Residential and directed the clerk to close the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.