Cherotti v. Exphand, Inc.
- Sarah Cave
- 1:20-cv-11102
- U.S. District Court · Southern District of New York
- 2
In Cherotti v. Exphand, Judge Cave ordered Frank Nemirofsky to respond to a request to compel his deposition or enter default.
Frank Nemirofsky was ordered to respond to the plaintiffs’ letter-motion by May 6, 2022. Timothy Cherotti and Rosebud Ventures LLC were directed to email him a copy of the order.
What happened
In Cherotti v. Exphand, Inc., Timothy Cherotti and Rosebud Ventures LLC asked the court to require Frank Nemirofsky to appear for a deposition. They alternatively asked for a certificate of default against him.
The court ordered Nemirofsky to respond to the request by May 6, 2022. It warned that failing to comply could lead to contempt, the requested relief, a certificate of default, and a default judgment. The court also directed the plaintiffs to promptly email him a copy of the order.
Judge Sarah L. Cave did not grant or deny the plaintiffs’ request in this order. Instead, she required Nemirofsky to respond before deciding what further action, if any, was appropriate.
The detailed version
- Cherotti v. Exphand, Inc. · No. 1:20-cv-11102
- Sarah Cave
- Apr. 29, 2022
Background
The plaintiffs filed a letter-motion asking for a conference concerning two alternative forms of relief against Defendant Frank Nemirofsky: an order compelling him to appear for a deposition, or a certificate of default. A certificate of default is a formal entry recognizing that a party has failed to plead or otherwise defend.
Order
The court ordered Nemirofsky to file a response to the letter-motion by May 6, 2022. The court warned that failure to comply with the order could result in a finding of contempt, an award of the requested relief, entry of a certificate of default, and a default judgment. The order cited Federal Rule of Civil Procedure 37, which allows sanctions for failure to obey a discovery order, and Rule 55, which addresses default when a party fails to plead or otherwise defend.
The plaintiffs were directed to promptly email a copy of the order to Nemirofsky.
Disposition
Judge Sarah L. Cave did not rule on whether to compel the deposition or enter a certificate of default. The order required a response by May 6, 2022 and warned of possible consequences for noncompliance.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.