Homesite Insurance Company of New York v. K&K Construction, Inc.
- Vyskocil
- 1:22-cv-00023
- U.S. District Court · Southern District of New York
- 1
In Homesite Insurance v. K&K Construction, Judge Vyskocil ordered Homesite to seek default judgment by July 18 or risk dismissal for delay.
Homesite Insurance Company of New York must file any motion for default judgment by July 18, 2022, while K&K Construction, Inc. faces the possibility of a future dismissal if Homesite does not do so.
What happened
Homesite Insurance Company of New York sued K&K Construction, Inc. after filing a complaint on January 3, 2022. The docket recorded an affidavit of service, and the summons stated that K&K’s response was due February 10, 2022. No response was filed, and the Clerk issued a certificate of default.
The court ordered Homesite to file any motion for default judgment by July 18, 2022, and directed it to follow the court’s procedures for such motions. The court warned that failing to meet the deadline may lead to dismissal for failure to prosecute. The court did not enter a default judgment or dismiss the case in this order.
Judge Mary Kay Vyskocil issued the order on June 16, 2022. The order addresses the case’s progress and the next procedural step, rather than deciding the underlying dispute.
The detailed version
- Homesite Insurance Company of New York v. K&K Construction, Inc. · No. 1:22-cv-00023
- Vyskocil
- June 16, 2022
Background
Homesite Insurance Company of New York, acting as subrogee of Polina Margasova, filed the complaint on January 3,
- An affidavit stating that the summons and complaint had been served was filed on February 9,
- The summons stated that K&K Construction, Inc.’s response was due February 10,
- No response was filed.
Homesite later sought and obtained a certificate of default from the Clerk of Court on April 4, 2022. The court stated that Homesite had taken no further action and had not prosecuted the case to that point.
Order
The court ordered that any motion for entry of a default judgment be filed by July 18, 2022. A default judgment is a judgment that may be entered when a party fails to respond or otherwise defend, subject to the court’s applicable rules and procedures. Homesite was directed to follow the procedures in the judge’s Individual Rules and Practices for Civil Cases.
The court warned that failure to move for default judgment by the deadline may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The order did not grant a default judgment and did not dismiss the action. It set a deadline and warned of a possible future dismissal.
Classification
This is a procedural order because the court addressed the case’s prosecution and the process for seeking default judgment without deciding the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.