Lantigua Caba v. Elegant Linen of NY INC.
- Valerie Caproni
- 1:19-cv-07302
- U.S. District Court · Southern District of New York
- 2
In Lantigua Caba v. Elegant Linen, Judge Caproni accepted a damages submission filed in the wrong matter as timely and ordered corrections by April 30.
The plaintiff, Elegant Linen of NY Inc., and the plaintiff’s counsel. The order also sets a deadline affecting the continued status of the case against Elegant Linen.
What happened
Lantigua Caba v. Elegant Linen of NY INC. concerns the amount of damages against Elegant Linen after the court entered a default judgment on December 17, 2019. The court had postponed deciding damages until proceedings against the other defendants ended.
The plaintiff’s first damages submission was inadequate. The plaintiff’s lawyer then filed a replacement submission in the wrong matter, but did so before the April 23 deadline and asked the court to accept it as timely.
The court granted that request. Judge Valerie Caproni ordered the plaintiff’s lawyer to file a detailed interest calculation and a revised proposed judgment by April 30, warning that failure to do so, or another inadequate filing, would lead the court to dismiss the case against Elegant Linen for failure to prosecute and close the case.
The detailed version
- Lantigua Caba v. Elegant Linen of NY INC. · No. 1:19-cv-07302
- Valerie Caproni
- Apr. 28, 2021
Background
On December 17, 2019, the court entered a default judgment against Elegant Linen of NY Inc., doing business as Bargain Store. The court deferred determining damages until proceedings against the remaining defendants concluded.
The court later ordered the plaintiff to submit a damages calculation for Elegant Linen by April 16, 2021. The submission was inadequate, and the court gave the plaintiff until 5:00 p.m. on April 23, 2021, to correct the deficiencies.
Ruling
The plaintiff’s lawyer told the court that he had filed the corrected submission in the wrong matter. The filing was made by the deadline, at 4:58 p.m., in case number 19-CV-4579. The court granted the plaintiff’s request to accept the filing as timely.
The court also ordered the plaintiff’s lawyer to file, by April 30, 2021:
1. An affidavit or declaration stating the total prejudgment interest, using December 17, 2019—the date of the default judgment—as the judgment date, with a detailed explanation of the calculations; and 2. A revised proposed default judgment stating the prejudgment interest, total damages, and total judgment against Elegant Linen of NY Inc.
The court warned that if the plaintiff filed nothing by the deadline, or filed another deficient submission, it would dismiss the case against Elegant Linen for failure to prosecute and close the case. The order did not determine the amount of damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.