Valencia v. Three Star on First
- Valerie Caproni
- 1:20-cv-08562
- U.S. District Court · Southern District of New York
- 1
Valencia v. Three Star on First: Judge Caproni ordered plaintiffs to explain why default judgment should not be entered against defendants.
The order affects Hector Valencia and Ricardo Valencia, who were required to file the specified motion, and Three Star on First doing business as Three Star Diner, Ioannis Kiriakakis, Georgia I. Kiriakakis, and Jimmy Kiriakakis, who had not appeared or responded.
What happened
In Valencia v. Three Star on First, Hector Valencia and Ricardo Valencia showed that they had served all four defendants, but none responded to the complaint or appeared.
Because the response deadlines had passed, the court ordered the plaintiffs to ask for an order requiring the defendants to explain why judgment should not be entered against them because they had not responded.
Judge Valerie Caproni set December 11, 2020, as the deadline for that request; the court did not enter default judgment in this order.
The detailed version
- Valencia v. Three Star on First · No. 1:20-cv-08562
- Valerie Caproni
- Nov. 30, 2020
Background
The plaintiffs filed proof that all four defendants had been served. The deadlines for the defendants to answer or otherwise respond to the complaint had passed, and no defendant had appeared or answered.
Order
The court ordered the plaintiffs to file a motion for an order to show cause—an order requiring the defendants to explain why default judgment should not be entered against them. The plaintiffs had to file that motion by Friday, December 11, 2020, in accordance with the court's individual practices.
The court also directed plaintiffs' counsel to promptly inform the court if the plaintiffs were negotiating with any defendant. If the parties reached a settlement, they had to submit the agreement for court approval under the cited Second Circuit decision concerning settlement agreements.
Disposition
Judge Valerie Caproni did not enter default judgment in this order. Instead, she ordered the plaintiffs to seek an order to show cause concerning possible default judgment against all defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.