Inga v. Nesama Food Corp.
- Andrew Carter
- 1:20-cv-00909
- U.S. District Court · Southern District of New York
- 2
Inga v. Nesma Food Corp.: Judge Cave ordered Inga to begin briefing a default-judgment motion by January 8, 2021.
The order affected Justo Enrique Inga, who was required to begin briefing a default-judgment motion, and the defendants, who had not responded to the court’s order.
What happened
In Inga v. Nesma Food Corp., the court addressed defendants’ failure to comply with court orders in Justo Enrique Inga’s case. The court had previously directed Inga to begin proceedings seeking a judgment because of that failure.
Inga asked for more time, until January 8, 2021, to file a motion challenging defendants’ answer and seeking judgment against them. The court ordered defendants to respond by December 4, 2020, but they did not respond.
Judge Sarah L. Cave ordered Inga to begin briefing a motion for default judgment by January 8, 2021, following the practices of Judge Andrew L. Carter, Jr. The order did not itself enter default judgment.
The detailed version
- Inga v. Nesama Food Corp. · No. 1:20-cv-00909
- Andrew Carter
- Dec. 10, 2020
Background
Justo Enrique Inga brought this case on behalf of himself and others similarly situated against Nesma Food Corp., doing business as Big Arc Chicken, and other defendants. The court had previously directed Inga to begin default-judgment proceedings because the defendants had failed to comply with court orders.
Under Federal Rule of Civil Procedure 55, a party may be treated as in default for failing to plead or otherwise defend. The order explains that the Second Circuit has interpreted “otherwise defend” broadly enough to include failure to comply with court orders, not only failure to answer a complaint.
On December 1, 2020, Inga filed a letter-motion seeking an extension until January 8, 2021, to file a motion to strike the defendants’ answer and seek judgment against them. The court directed the defendants to respond by December 4, 2020. They did not respond.
Ruling
Judge Sarah L. Cave ordered Inga to commence briefing a motion for default judgment by January 8, 2021, in accordance with Judge Andrew L. Carter, Jr.’s individual practices. The order directed the next procedural step; it did not enter default judgment or decide the underlying claims.
Disposition
The court ordered Inga to begin briefing the default-judgment motion by the stated deadline. The opinion does not state that default judgment was entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.