Zhang v. Great Sichuan On 3rd Ave., Inc.

Background

The plaintiffs sought default judgments against numerous defendants. A default judgment is a judgment entered when a defendant has failed to respond or otherwise participate in the case. The court stated that the plaintiffs had not complied with the procedural requirements for obtaining such a judgment.

The order explains that, when a defendant has failed to respond to the summons and complaint or has otherwise failed to appear—including when a corporation has failed to appear through a lawyer—the plaintiff should first obtain a certificate of default from the Clerk under Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1. The plaintiff should then apply for a default judgment by an order to show cause, supported by the Clerk’s certificate of default, under Rule 55(b) and Local Civil Rule 55.2.

Specific Case Status

The court’s docket review showed that the plaintiffs had obtained certificates of default for Run Lu Zhuai and Chang Guo Yang, identified as ECF Nos. 131 and 132. The plaintiffs had not followed those certificates with an order to show cause seeking default judgment. The order states that the plaintiffs then sought default judgments against numerous other defendants.

Order

The court directed the plaintiffs to obtain certificates of default for every defendant against whom they seek a default judgment. The plaintiffs must then move by order to show cause for default judgment against all such defendants. The order to show cause must be supported by an affidavit with the certificates of default attached.

The deadline set in the order was May 20. The court stated that the case may be dismissed for failure to prosecute if the plaintiffs did not move by order to show cause by that date. The order did not itself enter a default judgment or dismiss the case. Judge John G. Koeltl also directed the Clerk to mail a copy of the order to the pro se parties and record service on the docket.