Paguada v. Birthday In A Box, LLC
- Alison Nathan
- 1:20-cv-08261
- U.S. District Court · Southern District of New York
- 2
In Paguada v. Birthday In A Box, LLC, Judge Nathan ordered Paguada to seek default judgment and warned of possible dismissal for delay.
Josue Paguada must move for default judgment, serve the order on Birthday in a Box, LLC, and file proof of service. Birthday in a Box, LLC is the defendant that had not filed an answer.
What happened
In Paguada v. Birthday In A Box, LLC, Josue Paguada filed a complaint, and the court received proof that Birthday in a Box, LLC had been served. The defendant did not file an answer.
At Paguada’s request, the court postponed the initial conference and approved his proposal to obtain a certificate of default and seek default judgment within 30 days. As of the order, he had not done so.
Judge Nathan ordered Paguada to move for default judgment within three weeks, serve the order on the defendant by June 2, 2021, and file proof of service. The court warned that failing to meet the deadline could lead to dismissal with prejudice for failure to prosecute, but it did not dismiss the case in this order.
The detailed version
- Paguada v. Birthday In A Box, LLC · No. 1:20-cv-08261
- Alison Nathan
- May 25, 2021
Background
Josue Paguada filed his complaint on October 5, 2020. He later filed proof of service stating that Birthday in a Box, LLC’s answer was due on November 4, 2020. The defendant did not file an answer.
At Paguada’s request, the court adjourned the initial conference and approved Paguada’s proposal to obtain a certificate of default and file a motion for default judgment within 30 days. The order states that Paguada had not done so by May 25, 2021.
Order
The court ordered Paguada to move for default judgment against Birthday in a Box, LLC within three weeks, following the court’s individual practices for civil cases. It also ordered him to serve the order on the defendant by June 2, 2021, and file an affidavit of service on the electronic docket.
Warning and Disposition
Judge Alison J. Nathan warned that failure to file the motion by the deadline might result in the action being dismissed with prejudice for failure to prosecute. The order did not itself dismiss the action or decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.