Korman v. The Bronx Chronicle L.L.C.
- Colleen McMahon
- 1:19-cv-09047
- U.S. District Court · Southern District of New York
- 2
In Korman v. The Bronx Chronicle, Judge McMahon denied the photographer’s default-judgment motion without prejudice because he had not shown proper service.
Jesse Korman’s request for a default judgment was denied without prejudice; The Bronx Chronicle, L.L.C. remains the defaulting defendant, and the opinion allows Korman to renew the request after satisfying the service and waiting-period requirements.
What happened
In Korman v. The Bronx Chronicle L.L.C., Jesse Korman, a professional photographer, sued the company for allegedly reproducing and publishing his photograph of Alexandria Ocasio-Cortez without permission. He sought money under the Copyright Act.
The Bronx Chronicle did not answer or file another response, and the court clerk entered its default. Korman then asked the court to enter a judgment based on that failure to respond.
Judge Colleen McMahon denied the motion without prejudice. She ruled that Korman had not filed proof that he properly served the motion for default judgment on The Bronx Chronicle or its agent. Korman may renew the request after filing that proof and waiting the required period.
The detailed version
- Korman v. The Bronx Chronicle L.L.C. · No. 1:19-cv-09047
- Colleen McMahon
- June 1, 2020
Background
Jesse Korman, a professional photographer, brought a copyright-infringement action against The Bronx Chronicle, L.L.C. Korman alleged that the Chronicle reproduced and published, without authorization, his photograph of politician Alexandria Ocasio-Cortez. He alleged that he owned and had registered the photograph under the Copyright Act, 17 U.S.C. § 101 et seq., and sought monetary relief.
Korman filed the complaint on September 30, 2019. Two days later, he served the summons and complaint on the Chronicle’s authorized agent. The Chronicle did not file an answer or another response. On January 13, 2020, the Clerk of Court issued a certificate of default.
Motion and Governing Standard
Korman filed an unopposed motion for default judgment under Federal Rule of Civil Procedure 55. A default judgment is a judgment entered when a defendant fails to plead or otherwise defend. The court explained that well-pleaded allegations are generally treated as admitted when a defendant does not respond, but plaintiffs must still comply with the court’s individual rules before judgment can be entered.
Those rules required Korman to wait at least 30 days after service of the summons and complaint; serve the motion for default judgment on the defaulting defendant in the same manner as process; include a notice giving the defendant 21 days to appear; and file the motion and proof of service with the Clerk of Court.
Ruling
Judge Colleen McMahon found that the docket did not show that Korman had filed proof that the motion was served on The Bronx Chronicle or its agent in the same manner as a summons. The court therefore found the motion premature.
The court denied Korman’s request for default judgment, without prejudice to renewal after he files proof of service and the required period has passed: 30 days after service, or 60 days if service was made on a registered agent.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.