Bawden v. Townes
- Andrew Carter
- 1:19-cv-08034
- U.S. District Court · Southern District of New York
- 2
In Bawden v. Townes, Judge Carter adopted Wang’s recommendation to strike Townes’s answer and begin default proceedings.
Jennifer Bawden was directed to proceed with the default process and serve the Report and Recommendation. David K. Townes’s answer was ordered stricken under the adopted recommendation.
What happened
In Bawden v. Townes, the court adopted a magistrate judge’s recommendation that Defendant’s answer be stricken and that Plaintiff begin the process for seeking a default.
The recommendation followed Defendant’s alleged failures to comply with discovery rules, follow court orders, and attend conferences. Defendant did not respond to an order asking why the answer should not be stricken, and Plaintiff did not object to the recommendation.
Judge Andrew L. Carter found no clear error and adopted the recommendation in full. He directed Plaintiff to serve the recommendation on Defendant and file proof of service by April 5, 2022.
The detailed version
- Bawden v. Townes · No. 1:19-cv-08034
- Andrew Carter
- Mar. 31, 2022
Background
The case was referred to Magistrate Judge Ona T. Wang for general pretrial matters and a specific dispute involving a motion for contempt. Judge Wang issued a Report and Recommendation on September 30, 2021. It recommended striking Defendant David K. Townes’s answer from the record and directing Plaintiff Jennifer Bawden to file a motion for default within 30 days.
The recommendation stated that Defendant had failed to comply with discovery obligations under Federal Rule of Civil Procedure 26, follow court orders, and appear at conferences. On April 8, 2021, Judge Wang issued an order requiring Defendant to explain why his answer should not be stricken for failing to comply with Rules 16(a) and 26(a)(1). The opinion states that Defendant had not responded to that order.
Court’s Review
Neither party filed objections to the Report and Recommendation. The court explained that, when no timely objections are filed, it may adopt the recommendation if the record shows no clear error. The court found no clear error.
Ruling
Judge Andrew L. Carter adopted the Report and Recommendation in full. The court directed Plaintiff to proceed with the default process described in the recommendation. It also directed Plaintiff to serve a copy of the recommendation on Defendant and file proof of service no later than April 5, 2022. The opinion does not state that a default judgment had already been entered or decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.