Cruz v. Eurosocks International, LLC

Background

The plaintiff, Shael Cruz, brought this action against Eurosocks International, LLC. The complaint was filed on July 31, 2020, and the defendant’s answer was due on August 28, 2020. The court held a telephone conference on September 15, 2020, but the defendant did not appear.

The court explained that a corporation must appear through counsel. Although one of the defendant’s employees filed a letter, the court did not recognize that filing as an answer under the Federal Rules of Civil Procedure.

Order

The court granted the defendant a final extension of time to obtain counsel. It directed the defendant to have counsel file a notice of appearance and an answer by September 29, 2020.

If the defendant did not comply, the plaintiff was directed to request a certificate of default from the Clerk of Court and file a motion for default judgment by October 13, 2020. A certificate of default and a motion for default judgment are steps toward seeking judgment based on a party’s failure to defend; the court did not enter a default judgment in this order.

Effect of the Order

This was a case-management and default-related order, not a decision on whether Cruz’s claims were legally or factually valid. Sarah L. Cave, United States Magistrate Judge, gave Eurosocks a final opportunity to appear through counsel and answer the complaint.