Francis v. Ludlow Street Development, LLC
- Lorna Schofield
- 1:22-cv-06578
- U.S. District Court · Southern District of New York
- 2
In Francis v. Ludow Street Development, LLC, Judge Schofield granted scheduling requests, moved the conference, extended filing deadlines, and deferred the default-judgment deadline.
The scheduling order affects Ashley Francis, Ludlow Street Development, LLC, and New York Cremeria, Inc., particularly the deadlines for the initial conference, case-management filings, a possible certificate of default, and a possible default-judgment motion.
What happened
In Ashley Francis v. Ludlow Street Development, LLC, and New York Cremeria, Inc., the plaintiff asked for more time to prepare case-management materials and attend the initial conference. The plaintiff also asked to delay seeking a final judgment against New York Cremeria, which had not appeared.
The plaintiff said counsel would be out of the country during the week of November 7, 2022, and that New York Cremeria had not communicated after being served. The plaintiff proposed requesting a certificate of default if New York Cremeria did not appear.
Judge Lorna G. Schofield granted the application. She moved the initial conference to November 23, 2022, extended the filing deadline to November 16, 2022, set November 17 for a request for a certificate of default if necessary, and stated that the deadline for a default-judgment motion would be determined after the plaintiff’s claims were resolved.
The detailed version
- Francis v. Ludlow Street Development, LLC · No. 1:22-cv-06578
- Lorna Schofield
- Oct. 31, 2022
Background
Plaintiff Ashley Francis’s counsel asked the court to change the schedule for the initial pretrial conference and related filings. Counsel said they would be outside the country during the week of November 7, 2022, and could prepare the joint letter and proposed civil case-management plan during the following week. Defendant Ludlow Street Development, LLC consented to the request.
Counsel also reported that plaintiff had received no communication from defendant New York Cremeria, Inc. Plaintiff had served New York Cremeria and filed a certificate of service, but New York Cremeria had not appeared. Plaintiff proposed requesting a certificate of default by November 17, 2022, if the company did not appear.
Requests Concerning Default
The plaintiff also asked to delay filing a motion for default judgment against New York Cremeria until the claims against Ludlow Street Development were resolved. The letter stated that the case seeks damages and an injunction requiring accessibility modifications under the Americans with Disabilities Act. The plaintiff argued that entering judgment against the nonappearing defendant before resolving the claims against the appearing defendant could create inconsistent results.
Court’s Ruling
The court granted the application. It adjourned the initial pretrial conference from November 9 to November 23, 2022, at 4:00 p.m. The deadline to file the joint letter and proposed civil case-management plan and scheduling order was extended to November 16, 2022, at 12:00 p.m.
The court directed that, if New York Cremeria did not appear, the appearing parties should file the required materials by November 16, and the plaintiff should file a request for a certificate of default by November 17. The court stated that the deadline for the plaintiff to file a motion for default judgment against New York Cremeria would be determined when the plaintiff’s claims were resolved. The order did not decide the merits of the accessibility claims or the request for damages or injunctive relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.