Sanabria v. Improved Data Services, LLC
- Kenneth Karas
- 7:22-cv-01578
- U.S. District Court · Southern District of New York
- 2
In Sanabria v. Improved Data Services, Judge Karas ordered Sanabria to seek default judgment by August 23, 2022, or risk dismissal for failure to prosecute.
Ryan Sanabria and Improved Data Services, LLC. The order imposed a deadline on Sanabria and warned that the case could be dismissed if he did not seek default judgment.
What happened
In Sanabria v. Improved Data Services, LLC, Ryan Sanabria alleged that Improved Data Services, LLC violated the Fair Debt Collection Practices Act while trying to collect a consumer debt. The company had not answered or otherwise responded to the complaint.
The clerk entered a certificate of default against the company on July 6, 2022. The court ordered Sanabria to apply for a default judgment under the court’s rules by August 23, 2022, and warned that the case could be dismissed if he did not act.
Judge Kenneth M. Karas did not decide whether the company violated the law. He issued the deadline and warning concerning the next step in the case.
The detailed version
- Sanabria v. Improved Data Services, LLC · No. 7:22-cv-01578
- Kenneth Karas
- Aug. 9, 2022
Background
Ryan Sanabria sued Improved Data Services, LLC under the Fair Debt Collection Practices Act, alleging violations connected to the company’s efforts to collect a consumer debt from him. The defendant had not answered or otherwise responded to the complaint.
Default status
On July 6, 2022, the clerk entered a certificate of default against Improved Data Services, LLC. A certificate of default records that a party failed to respond as required; it is not itself a judgment awarding relief.
Order
The court ordered Sanabria to apply for entry of a default judgment under the court’s Individual Rules of Practice for Default Judgment Proceedings no later than August 23, 2022. The court warned that failure to do so could result in dismissal of the action for failure to prosecute, meaning failure to move the case forward.
The order did not decide the merits of Sanabria’s Fair Debt Collection Practices Act allegations and did not enter a default judgment. Judge Kenneth M. Karas signed the order on August 9, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.