Gioules v. Antigua Local Pharmacy, LLC
- John Cronan
- 1:21-cv-06400
- U.S. District Court · Southern District of New York
- 2
In Gioules v. Antigua Pharmacy, Judge Cronan ordered Plaintiff to say whether he would pursue default judgment after Defendants hired counsel and opposed it.
Nick Gioules, Antigua Pharmacy LLC, and Brendalis Antigua.
What happened
In Gioules v. Antigua Pharmacy LLC and Brendalis Antigua, Plaintiff Nick Gioules had been ordered to seek a default judgment by January 12, 2022. The Court later extended that deadline to February 11, and Gioules filed the motion.
Before the opposition deadline, David E. Cassidy appeared as counsel for both Defendants, and the Defendants opposed the motion for default judgment. The opinion states that defaults had been entered against the Defendants.
Judge John P. Cronan ordered Gioules to tell the Court by March 10 whether he still intended to pursue the default-judgment motion and, if not, whether he agreed to cancel the defaults. The Court did not decide the motion or cancel the defaults in this order.
The detailed version
- Gioules v. Antigua Local Pharmacy, LLC · No. 1:21-cv-06400
- John Cronan
- Mar. 7, 2022
Background
On November 29, 2021, the Court ordered Plaintiff Nick Gioules to file a motion for default judgment against Antigua Pharmacy LLC and Brendalis Antigua by January 12, 2022. Gioules requested more time, and the Court extended the deadline to February 11, 2022. Gioules filed his motion on February 10 and re-filed the papers on February 24 because of docketing issues.
The opinion states that Antigua Pharmacy LLC had repeatedly been advised that a limited liability company cannot proceed without a lawyer, and that failing to obtain counsel could constitute a failure to defend under Rule 55(a) of the Federal Rules of Civil Procedure. It also states that Brendalis Antigua failed to appear at an October 19, 2021 conference and failed to file an answer by the Court-ordered November 18, 2021 deadline. Defaults were entered against the Defendants.
Defendants’ appearance and opposition
On March 3, 2022, David E. Cassidy appeared as counsel for both Defendants. On March 4, the Defendants opposed Gioules’s motion for default judgment.
Court’s order
Because the Defendants had retained counsel and opposed the default-judgment motion, Judge John P. Cronan ordered Gioules to advise the Court by March 10 whether he still intended to pursue the motion. If he did not, Gioules was also ordered to state whether he consented to vacating the defaults entered against the Defendants. This order did not grant or deny the default-judgment motion and did not vacate the defaults.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.