Norris v. Frisolino, Inc.
- Jesse Furman
- 1:21-cv-03600
- U.S. District Court · Southern District of New York
- 2
In Norris v. Frisolino, Inc., Judge Furman set deadlines for possible default-judgment briefing and scheduled a hearing, but did not enter judgment.
Norris and the defendants; the order establishes filing, service, appearance, and hearing requirements for any potential default-judgment proceedings.
What happened
In Norris v. Frisolino, Inc., Norris filed a complaint on April 22, 2021, and served the defendants on May 11, 2021. The defendants had not answered or otherwise appeared when the court issued this order.
The court set June 18, 2021, as the deadline for any motion for default judgment and June 25, 2021, as the deadline for any opposition. If a motion was filed, the defendants were ordered to appear on July 7, 2021, and explain why default judgment should not be entered. The court also required Norris to serve the order and any motion papers by overnight courier and file proof of service.
Judge Jesse M. Furman did not enter default judgment in this order. He warned that corporations and limited liability companies must appear through licensed counsel, explained that the July 7 hearing could become an initial pretrial conference if a defendant appeared, and postponed the previously scheduled July 28 initial conference indefinitely.
The detailed version
- Norris v. Frisolino, Inc. · No. 1:21-cv-03600
- Jesse Furman
- June 4, 2021
Background
Norris filed the complaint on April 22, 2021. The defendants were served on May 11, 2021, and proof of service was filed. The court stated that the defendants had not answered the complaint or otherwise appeared.
Order
The court ordered that any motion for default judgment be filed by June 18, 2021, under the court’s rules. Any opposition by the defendants was due by June 25, 2021. The court cautioned that a corporation or limited liability company may appear in federal court only through licensed counsel and that repeated failure to appear through counsel may lead to entry of a default judgment.
If a motion for default judgment was filed, the defendants were ordered to appear and show cause—that is, explain why the requested judgment should not be entered—at a July 7, 2021, hearing. Norris was required to file a proposed default judgment order for the clerk’s approval before that hearing.
The court also explained that if any defendant appeared, opposed the motion, or requested additional time to respond to the complaint, the July 7 hearing would be treated as the initial pretrial conference for that defendant. The parties would then have to complete the court’s specified pre-conference procedures, including submitting a joint letter and proposed case-management plan and participating in early mediation.
Service and Conference
Norris was ordered to serve the defendants with this order within one business day. If Norris filed a default-judgment motion, Norris also had to serve the motion and supporting papers within one business day after filing it. Norris had to file proof of each service within two business days. The previously scheduled July 28 initial pretrial conference was adjourned indefinitely.
Disposition
Judge Jesse M. Furman issued a scheduling and show-cause order. The order did not grant or deny a motion for default judgment and did not enter default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.