Adams v. 339-347 East 12th Street Investor, LLC
- Analisa Torres
- 1:21-cv-06441
- U.S. District Court · Southern District of New York
- 1
In Adams v. 339-347 East 12th Street Investor, Judge Torres directed the parties to address vacating a default certificate in an Americans with Disabilities Act case.
The order affected Joshua Adams, 339-347 East 12th Street Investor, LLC, and SALTWATERNYC LLC by requiring them to confer and file a joint stipulation or joint letter about the certificate of default and other outstanding issues.
What happened
In Adams v. 339-347 East 12th Street Investor, Joshua Adams sued 339-347 East 12th Street Investor, LLC, and SALTWATERNYC LLC for injunctive relief under the Americans with Disabilities Act. The Clerk issued a certificate of default after Adams reported serving the defendants, but counsel for 339-347 East 12th Street Investor, LLC, appeared the next day.
The court explained that default judgments are generally disfavored and that disputes should ordinarily be resolved on their merits. Courts consider whether the default was intentional, whether denying default judgment would harm the plaintiff, and whether the defendant may have a valid defense.
Judge Analisa Torres directed the parties to confer about filing a joint stipulation vacating the certificate of default and addressing other outstanding issues. The parties had to file either a proposed joint stipulation or a joint letter stating their positions by November 8, 2021.
The detailed version
- Adams v. 339-347 East 12th Street Investor, LLC · No. 1:21-cv-06441
- Analisa Torres
- Oct. 25, 2021
Background
Joshua Adams brought an action seeking injunctive relief against 339-347 East 12th Street Investor, LLC, and SALTWATERNYC LLC for alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12181 and following sections. The opinion does not describe the underlying accessibility allegations.
On October 20, 2021, Adams asked the Clerk of Court for a certificate of default. He stated that the defendants had been served by personally serving Nancy Dougherty in the office of the Secretary of State on August 11, 2021, and that the time to answer or otherwise respond had expired on September 1, 2021. The Clerk issued the certificate that day. On October 21, 2021, counsel for 339-347 East 12th Street Investor, LLC, filed a notice of appearance.
Court’s Analysis
The court stated that default judgments—judgments entered when a party does not respond—are generally disfavored, and that courts prefer resolving disputes on their merits. In deciding whether to issue a default judgment, courts consider whether the default was willful, whether denying default judgment would prejudice the plaintiff, and whether the allegedly defaulting party may have a meritorious defense. When there is doubt about whether a default should be granted or vacated, that doubt should be resolved in favor of the defaulting party.
Order
The court directed the parties to confer about whether they intended to file a joint stipulation vacating the certificate of default and about any other outstanding issues. The parties were ordered to file either a proposed joint stipulation or a joint letter stating each party’s position by November 8, 2021. The opinion does not state that the court vacated the certificate of default or entered a default judgment. The order was issued by Judge Analisa Torres.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.