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S.D.N.Y.Procedural orderFiled Dec. 15, 2020

155 Wooster LLC v. Bruno

Judge
Jesse Furman
Docket
1:20-cv-04044
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In 155 Wooster LLC v. Bruno, Judge Furman reserved judgment on default judgment against Modern Manhattan LLC and ordered a letter about service.

Who this affects

155 Wooster LLC and Modern Manhattan LLC, particularly the pending default-judgment motion and the question whether service on Modern Manhattan LLC was proper.

What happened

In 155 Wooster LLC v. Bruno, 155 Wooster LLC asked the court to enter a default judgment against Modern Manhattan LLC.

The court was not convinced that the law firm Ciardi Ciardi & Astin had authority to accept service of the amended complaint for Modern Manhattan LLC.

Judge Furman reserved judgment on the default-judgment motion and ordered 155 Wooster LLC to file a letter by December 22, 2020, explaining whether service was proper or proposing next steps.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
155 Wooster LLC v. Bruno · No. 1:20-cv-04044
Judge
Jesse Furman
Date
Dec. 15, 2020

Background

155 Wooster LLC moved for a default judgment against Defendant Modern Manhattan LLC. The motion depended in part on whether Modern Manhattan LLC had been properly served with the amended complaint.

Court's Action

The court stated that, based on the current record, it was not convinced that the law firm Ciardi Ciardi & Astin was authorized to accept service of the amended complaint on Modern Manhattan LLC's behalf.

The court reserved judgment on 155 Wooster LLC's motion for default judgment as to Modern Manhattan LLC. It ordered 155 Wooster LLC to file a letter on the court's electronic docket by December 22, 2020, explaining whether it believed service was proper or, alternatively, proposing next steps.

Next Steps

The court stated that it would issue another order after receiving the letter. At that time, 155 Wooster LLC would be ordered to serve Modern Manhattan LLC with this Order, its letter, and the later order. The court stated that 155 Wooster LLC did not need to serve this Order unless and until the court ordered it to do so.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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