Hall v. Scores Holding Company, Inc.
- John Cronan
- 1:21-cv-03387
- U.S. District Court · Southern District of New York
- 1
In Hall v. Scores Holding Company, Inc., Judge Cronan denied without prejudice the motion for default judgment against Club Azure and Harvey Osher.
Jessica Brooke Hall, Club Azure LLC, and Harvey Osher. The motion sought default judgment against Club Azure LLC and Harvey Osher, but the court denied that motion without prejudice.
What happened
Jessica Brooke Hall asked the court to enter default judgment against Club Azure LLC and Harvey Osher, arguing they had not appeared, answered, or otherwise defended against her amended complaint.
The court denied the motion without prejudice. It explained that when some, but not all, defendants defend an action, the preferred practice is to wait until the case is tried on the merits against the remaining defendants before granting default judgment.
Judge Cronan therefore did not enter default judgment against Club Azure or Harvey Osher at this stage. The excerpt does not identify which other defendants had appeared or describe any further proceedings.
The detailed version
- Hall v. Scores Holding Company, Inc. · No. 1:21-cv-03387
- John Cronan
- Apr. 20, 2022
Background
Jessica Brooke Hall moved under Federal Rule of Civil Procedure 55(b) for default judgment against Club Azure LLC and Harvey Osher. Hall asserted that those defendants had failed to appear, answer, or otherwise defend against the First Amended Complaint dated February 4, 2022.
Ruling
The court denied the motion without prejudice. It relied on the rule that when some, but not all, defendants have appeared to defend an action, the preferred practice is to withhold default judgment until the trial on the merits against the remaining defendants. The court therefore did not enter default judgment against Club Azure LLC or Harvey Osher. The excerpt does not specify which defendants appeared or identify any additional ruling on the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.