Cruz v. Exclusive Furniture, L.P.
- John Cronan
- 1:21-cv-09991
- U.S. District Court · Southern District of New York
- 3
In Cruz v. Exclusive Furniture, Judge Cronan ordered Cruz to seek default judgment or explain delay, while scheduling a hearing to consider the request.
Shael Cruz was required to seek default judgment or explain the delay in prosecuting the case and to complete specified service and filing steps. Exclusive Furniture, L.P., was required to respond if it opposed the motion and to appear at the scheduled hearing.
What happened
In Cruz v. Exclusive Furniture, L.P., the defendant had been served with the complaint but had not appeared or answered by the date of the order. The complaint was brought under the Americans with Disabilities Act.
The court ordered Cruz to file a motion for default judgment by April 4, 2022, or explain why the case should not be dismissed for failure to prosecute. Cruz also had to serve the motion and this order on Exclusive Furniture and file proof of service. Exclusive Furniture could oppose the motion by April 18, and Cruz could reply by April 25.
Judge John P. Cronan scheduled a May 20, 2022 hearing for Exclusive Furniture to explain why default judgment should not be entered. The court did not enter default judgment; it told the parties to be prepared to address whether the complaint states a valid Americans with Disabilities Act claim and how any damages would be calculated.
The detailed version
- Cruz v. Exclusive Furniture, L.P. · No. 1:21-cv-09991
- John Cronan
- Mar. 21, 2022
Background
Shael Cruz sued Exclusive Furniture, L.P., individually and on behalf of others similarly situated. Cruz filed the complaint on November 24, 2021. The opinion states that Exclusive Furniture was served on February 5, 2022, that its answer was due February 28, 2022, and that it had not appeared or answered by the date of the order.
Order
The court ordered Cruz, by April 4, 2022, to move for default judgment under the court's local rules or show cause—that is, explain—why the case should not be dismissed for failure to prosecute. Cruz had to serve the motion and supporting papers on Exclusive Furniture by April 4 and file an affidavit confirming service by April 7. Exclusive Furniture could oppose the motion by April 18, and Cruz could file a reply by April 25.
The court also ordered Exclusive Furniture to appear and explain at a telephonic hearing on May 20, 2022, why the court should not enter default judgment. If Exclusive Furniture appeared and opposed the motion before the hearing, the hearing would also serve as the initial case-management conference.
Potential ADA Issue
The court explained that a defendant's default does not automatically entitle a plaintiff to default judgment. The court may enter default judgment only if the complaint's factual allegations, taken as true, establish liability as a matter of law. The court therefore directed counsel to be prepared to discuss whether the complaint alleged a valid claim under Title III of the Americans with Disabilities Act, including authorities addressing whether certain business websites qualify as places of public accommodation. The court did not decide that issue in this order.
Service Requirement and Disposition
The court further ordered Cruz to serve Exclusive Furniture with a copy of the order by overnight courier within one week and to file proof of service within two business days after service. Judge John P. Cronan did not grant or deny default judgment; he issued scheduling, service, and show-cause directions concerning Cruz's anticipated motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.