Guglielmo v. Collette Travel Service, Inc.
- Alison Nathan
- 1:20-cv-02454
- U.S. District Court · Southern District of New York
- 2
In Guglielmo v. Collette Travel Service, Judge Nathan ordered Guglielmo to pursue default judgment or explain otherwise after no answer was received.
Joseph Guglielmo was required to take the specified procedural steps, and Collette Travel Service, Inc. was to be served with the order. The order did not decide the parties’ underlying claims.
What happened
In Guglielmo v. Collette Travel Service, Inc., the court addressed the defendant’s failure to file an answer or other response to the complaint.
The court noted that, according to the filed service affidavit, Collette’s response was due on or before April 16, 2020, and that the court had not received an answer as of June 10, 2020.
Judge Alison J. Nathan ordered Guglielmo, within two weeks, to seek a certificate of default and move for default judgment or file a status update explaining why he should not do so. He also had to serve the order on Collette and file proof of service by June 17, 2020. The court warned that failing to comply could lead to dismissal for failure to prosecute, but it did not dismiss the claims in this order.
The detailed version
- Guglielmo v. Collette Travel Service, Inc. · No. 1:20-cv-02454
- Alison Nathan
- June 10, 2020
Background
Joseph Guglielmo sued Collette Travel Service, Inc. The court referred to an affidavit of service filed on April 30, 2020, which stated that Collette’s answer or other response to the complaint was due on or before April 16, 2020. As of the date of the order, the court had not received an answer from Collette.
Order
The court ordered Guglielmo, within two weeks of the order, to seek a certificate of default and move for default judgment under the court’s individual practices, or to file a status update explaining why a default-judgment motion should not be filed at that time.
A certificate of default is a court clerk’s formal entry that a party failed to respond. Default judgment is a judgment that may be entered because a party did not defend the case; this order did not enter default judgment.
The court also ordered Guglielmo to serve the order on Collette and file an affidavit of service on the electronic docket by June 17, 2020. The court warned that failure to comply could result in dismissal of Guglielmo’s claims for failure to prosecute. The order did not dismiss the claims.
Disposition
This was a procedural order concerning the next steps after the defendant’s apparent failure to respond. Judge Alison J. Nathan did not decide the underlying claims or enter judgment for either party.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.