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., Magistrate Judge Netburn set aside Brief Call’s default and denied Perrong’s default-judgment motion as moot.
Brief Call’s default was set aside, and it was given until May 4, 2023, to answer or otherwise respond to the complaint. Perrong’s motion for default judgment against Brief Call was denied as moot. The court’s decision on Perrong’s default motion against New York Veteran Police Association was deferred.
What happened
In Perrong v. Brief Call Inc., Brief Call initially filed a motion without a lawyer, but the court denied it because a corporation cannot represent itself and gave Brief Call time to obtain counsel. After Brief Call did not respond by the deadline, the Clerk entered a default against it and another defendant, New York Veteran Police Association.
Brief Call later obtained counsel and asked the court to set aside the Clerk’s default. The court granted that motion, concluding that disputes generally should be decided on their merits and considering Brief Call’s initial lack of a lawyer. The court therefore denied Perrong’s motion for default judgment against Brief Call as moot.
Judge Sarah Netburn directed Brief Call to answer or otherwise respond to the complaint by May 4, 2023. She deferred a decision on Perrong’s default motion against New York Veteran Police Association and directed the Clerk to terminate specified docket entries.
The detailed version
- Perrong v. Brief Call Inc. · No. 1:22-cv-04128
- Paul Gardephe
- Apr. 13, 2023
Background
Andrew R. Perrong filed the complaint on May 19, 2022, against Brief Call, Inc., New York Veteran Police Association, and Louis Telano. On August 2, 2022, Brief Call filed a motion to dismiss without a lawyer. The court denied that motion because a corporation may not proceed without counsel and gave Brief Call until September 7, 2022, to obtain counsel and respond to the complaint.
Brief Call did not make the required filing by that deadline. On November 29, 2022, the Clerk of Court issued certificates of default against Brief Call and New York Veteran Police Association. Counsel appeared for Brief Call on December 6, 2022. On December 16, 2022, Perrong moved for default judgment against Brief Call and New York Veteran Police Association. Brief Call then moved to set aside the Clerk’s certificate of default.
Court’s analysis
Federal Rule of Civil Procedure 55(c) allows a court to set aside an entry of default for good cause. The court explained that default judgments are disfavored and that courts prefer to resolve cases on their merits. It also stated that doubts should be resolved in favor of the party facing default.
The court relied on Brief Call’s initial lack of counsel and the strong preference for deciding cases on their merits. It set aside the Clerk’s Certificate of Default as to Brief Call. Because that default was set aside, the court denied as moot Perrong’s motion for default judgment as to Brief Call.
Disposition
Judge Sarah Netburn granted Brief Call’s motion to set aside the Clerk’s Certificate of Default. Brief Call was directed to answer or otherwise move against the complaint no later than May 4, 2023. The court deferred a decision on Perrong’s motion for default as to New York Veteran Police Association. The Clerk was directed to terminate the gavels at ECF Nos. 35, 37, 38, and 41.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.