Perrong v. Brief Call Inc.
- Paul Gardephe
- 1:22-cv-04128
- U.S. District Court · Southern District of New York
- 2
In Perrong v. Brief Call, Inc., Judge Gardephe directed Perrong to seek default judgment against two defendants after they failed to respond.
The order directly concerns plaintiff Andrew R. Perrong and defendants Brief Call, Inc. and New York Veteran Police Association. It does not describe a ruling concerning Louis Telano.
What happened
In Perrong v. Brief Call, Inc., Andrew R. Perrong brought a Telephone Consumer Protection Act case against Brief Call, Inc., New York Veteran Police Association, and Louis Telano.
Brief Call filed a dismissal motion without a lawyer, so the court struck it and gave the company until September 7, 2022, to have a qualified lawyer refile the motion or answer the complaint. No lawyer appeared for Brief Call, and it filed neither a new motion nor an answer. New York Veteran Police Association also filed no appearance or answer. The court clerk issued certificates of default for both defendants.
The court directed Perrong to move for default judgment against Brief Call and New York Veteran Police Association by December 16, 2022, under Judge Paul G. Gardephe’s procedures. Judge Gardephe did not enter default judgment in this order.
The detailed version
- Perrong v. Brief Call Inc. · No. 1:22-cv-04128
- Paul Gardephe
- Dec. 2, 2022
Background
Andrew R. Perrong filed this Telephone Consumer Protection Act case on May 19, 2022, against Brief Call, Inc., New York Veteran Police Association, and Louis Telano. The case was referred to Magistrate Judge Sarah Netburn for general pretrial supervision.
Brief Call was served on July 14, 2022. On August 2, 2022, it filed a motion to dismiss. On August 12, 2022, the court struck that motion because Brief Call, a corporation, had improperly attempted to proceed without a lawyer. The court gave Brief Call until September 7, 2022, to have a lawyer admitted in the Southern District of New York refile the motion or answer the complaint.
No lawyer entered an appearance for Brief Call, and Brief Call filed neither an answer nor a refiled motion to dismiss. New York Veteran Police Association was served on July 26, 2022, but no notice of appearance or answer was filed for that defendant either.
Court’s Action
On November 29, 2022, the Clerk of Court issued certificates of default for Brief Call and New York Veteran Police Association. A certificate of default records that a party failed to defend the case; it is not itself a default judgment.
The court stated that a defendant’s willful disregard of an order requiring it to appear through counsel can justify imposing default. The court directed Perrong to move for default judgment against Brief Call and New York Veteran Police Association by December 16, 2022, following Judge Gardephe’s Individual Rules of Practice and Attachment A, with filing permitted through the court’s electronic filing system.
This order did not enter default judgment and did not address the merits of Perrong’s Telephone Consumer Protection Act claims. Louis Telano is named in the caption, but the order does not describe a ruling concerning him.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.