Schmidt v. Ollie Holdings, LLC
- Denise Cote
- 1:21-cv-03533
- U.S. District Court · Southern District of New York
- 2
In Schmidt v. Ollie Holdings, Judge Nathan denied default judgment and dismissed the complaint without prejudice for inadequate subject-matter jurisdiction pleading.
Jacqueline Schmidt and Ollie Holdings, LLC.
What happened
In Schmidt v. Ollie Holdings, LLC, Jacqueline Schmidt asked the court to enter a judgment because Ollie Holdings, LLC had not responded. A magistrate judge also found that the complaint did not adequately explain why the federal court had authority to hear the case.
No one objected to the magistrate judge’s recommendations by the deadline. The court therefore checked the recommendations for an obvious mistake and found none.
Judge Alison J. Nathan adopted the recommendations, denied Schmidt’s request for default judgment, and dismissed the complaint without prejudice. The court allowed Schmidt to file an amended complaint by May 4, 2022; if she did not, the complaint would be dismissed with prejudice.
The detailed version
- Schmidt v. Ollie Holdings, LLC · No. 1:21-cv-03533
- Denise Cote
- Apr. 4, 2022
Background
On December 22, 2021, the court referred Jacqueline Schmidt’s motion for default judgment against Ollie Holdings, LLC, to Magistrate Judge Stewart D. Aaron. Default judgment is a judgment entered when a party has failed to respond or otherwise defend. Judge Aaron recommended denying the motion, dismissing the complaint without prejudice because it did not adequately plead subject-matter jurisdiction, and allowing Schmidt to file an amended complaint within 30 days after adoption of the recommendation.
Review of the Recommendation
The court stated that it must independently review any part of a magistrate judge’s recommendation to which a party objects. When there are no timely objections, the court reviews the recommendation for clear error, meaning an obvious mistake in the record. No objection was filed by the deadline, and the court found no clear error.
Ruling
Judge Alison J. Nathan, a United States Circuit Judge sitting by designation, adopted Judge Aaron’s Report and Recommendation in its entirety. The court denied Schmidt’s motion for default judgment and dismissed the complaint without prejudice for failure to adequately plead subject-matter jurisdiction. The court granted Schmidt leave to file an amended complaint on or before May 4, 2022. The order states that failure to do so would result in dismissal of the complaint with prejudice. The order resolved docket number 19.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.