Beckerman v. Fresh Digital Group, Inc.
- Valerie Caproni
- 1:20-cv-01530
- U.S. District Court · Southern District of New York
- 2
In Beckerman v. Fresh Digital Group, Judge Caproni ordered Beckerman to seek default judgment or explain why the case should not be dismissed for delay.
Sophie Beckerman and the defendants named in the action, including Fresh Digital Group, Inc. and Doug Robinson.
What happened
In Beckerman v. Fresh Digital Group, Inc., the defendants’ deadline to respond to the complaint had passed, and Beckerman had obtained a certificate from the Clerk of Court. She had not yet requested a default judgment.
The court ordered Beckerman to either request a default judgment by July 24, 2020, or explain why the case should not be dismissed for failure to prosecute. The order also addressed settlement discussions and required prompt notice to the court, with any settlement agreement submitted for approval.
Judge Valerie Caproni issued the order. The court did not decide the underlying claims or enter a default judgment or dismissal.
The detailed version
- Beckerman v. Fresh Digital Group, Inc. · No. 1:20-cv-01530
- Valerie Caproni
- July 9, 2020
Background
Defendants’ deadline to respond to the complaint had elapsed. On June 18, 2020, Sophie Beckerman obtained a certificate from the Clerk of Court. The order does not identify the certificate’s contents. Beckerman had not yet moved for a default judgment.
Order
The court ordered Beckerman, no later than July 24, 2020, to do one of two things: move for a default judgment under Judge Caproni’s individual practices, or show cause—meaning explain—why the case should not be dismissed for failure to prosecute.
The court further ordered that, if Beckerman was negotiating with any defendant, her counsel must promptly inform the court. If the parties had reached a settlement agreement, Beckerman was required to submit it for court approval under the cited Second Circuit decision, Cheeks v. Pancake House, 796 F.3d 199 (2d Cir. 2017).
Disposition and Significance
Judge Valerie Caproni issued a case-management order requiring Beckerman to take a specified next step or explain the lack of progress. The order did not decide the merits of the claims, enter default judgment, or dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.