Jimenez v. Borinquen Super Market, Inc
- Barbara Moses
- 1:21-cv-08620
- U.S. District Court · Southern District of New York
- 2
Jimenez v. Borinquen Super Market: Judge Woods vacated the hearing order and postponed default-judgment proceedings because the default certificate named a defendant incorrectly.
The order affects Guadalupe Jimenez and the defendants, Cofaci Foods Inc. doing business as Borinquen Super Market and Lillian Castillo, by delaying the default-judgment hearing and requiring a corrected certificate of default and additional service.
What happened
In Jimenez v. Borinquen Super Market, Guadalupe Jimenez sought a default judgment against Cofaci Foods Inc. doing business as Borinquen Super Market and Lillian Castillo. A hearing on that request had been scheduled for March 3, 2023.
Before the hearing, the court found that the proposed certificate of default incorrectly called Lillian Castillo “Lillian Castro.” The court concluded that, formally, the clerk had not certified that the defendants had been served with the legal papers, so Jimenez had to obtain a new certificate of default.
The court vacated the February 7, 2023 order requiring the parties to explain why default judgment should not be entered and postponed the March 3 hearing indefinitely. Judge Gregory H. Woods directed Jimenez to notify the court after obtaining a new certificate, submit a new proposed hearing order, serve this order on all defendants, and keep proof of service.
The detailed version
- Jimenez v. Borinquen Super Market, Inc · No. 1:21-cv-08620
- Barbara Moses
- Mar. 2, 2023
Background
Guadalupe Jimenez requested a default judgment, which is a judgment sought against a party who has not participated as required. The court had previously scheduled a show-cause hearing for March 3, 2023, concerning that request.
Clerk’s Certificate of Default
While reviewing the record, the court noticed that the proposed clerk’s certificate of default identified defendant Lillian Castillo as “Lillian Castro.” The court stated that the certificate of default also contained the wrong name, most likely for the same reason. Because of that error, the court determined that, formally, the clerk had not certified that the defendants had been served with process—the legal papers used to begin the case.
The court therefore required Jimenez to obtain a new certificate of default before proceeding with the default-judgment request.
Ruling and Required Next Steps
The court vacated its February 7, 2023 order to show cause and adjourned the March 3, 2023 hearing indefinitely. The court directed Jimenez to notify the court after obtaining a new certificate of default and to submit a new proposed order to show cause. The court stated that it would schedule a new hearing date afterward. Jimenez was also directed to serve a copy of the order on all defendants and retain proof of service.
Judge Gregory H. Woods signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.