Mt. Hawley Insurance Company v. AAPA Properties, LLC
- Jesse Furman
- 1:22-cv-06850
- U.S. District Court · Southern District of New York
- 2
In Mt. Hawley Insurance Company v. AAPA Properties, Judge Furman scheduled briefing and a hearing on a possible default judgment.
Mt. Hawley Insurance Company and AAPA Properties, LLC, particularly AAPA Properties because it was required to respond, appear, and participate through licensed counsel.
What happened
Mt. Hawley Insurance Company asked the court to enter a default judgment against AAPA Properties, LLC. The order did not decide whether the judgment should be entered.
The court gave AAPA Properties until October 17, 2022, to oppose the request and ordered it to appear on October 25, 2022, to explain why a default judgment should not be entered. The court also required Mt. Hawley to serve the motion and order on AAPA Properties and file proof of service.
Judge Furman adjourned the previously scheduled initial pretrial conference indefinitely. If AAPA Properties appeared or opposed the motion, the October 25 conference would instead address the case’s initial pretrial matters.
The detailed version
- Mt. Hawley Insurance Company v. AAPA Properties, LLC · No. 1:22-cv-06850
- Jesse Furman
- Sept. 28, 2022
Background
Mt. Hawley Insurance Company filed a motion seeking a default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The opinion does not state the underlying claims or the amount sought.
Court’s Order
The court ordered AAPA Properties, LLC, to file any opposition to the default-judgment motion by October 17, 2022. It warned that a corporation may appear in federal court only through licensed counsel and cited decisions stating that a default judgment may be entered when a corporation repeatedly fails to appear through counsel.
The court also ordered AAPA Properties to appear and show cause—that is, explain why the requested judgment should not be entered—at a telephone hearing on October 25, 2022, at 4:30 p.m. Unless the court ordered otherwise, the hearing would be held remotely. Mt. Hawley had to file a proposed default-judgment order for the Clerk’s approval and serve AAPA Properties with the motion, supporting papers, and this order by overnight courier. Mt. Hawley also had to file proof of service within two business days after each service.
If AAPA Properties appeared, opposed the motion, or sought a retroactive extension of time to respond to the complaint, the October 25 hearing would be treated as the initial pretrial conference, and the parties would have to follow the court’s pre-conference procedures. The initial pretrial conference previously scheduled for November 23, 2022, was adjourned indefinitely.
Disposition and Significance
This order scheduled briefing and a show-cause hearing; it did not grant or deny the motion for default judgment. The opinion does not state whether a default judgment was later entered. Judge Jesse M. Furman issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.