Dranitca v. Allied Universal
- Sarah Cave
- 1:22-cv-05120
- U.S. District Court · Southern District of New York
- 3
In Dranitca v. Allied Universal, Judge Cave extended Plaintiff’s deadline to seek default judgment and warned of possible dismissal.
Alina Dranitca, who was ordered to file and serve the default-judgment motion, and Allied Universal, William Tomkins, and Pawel Maczuga, who were given an opportunity to respond or request a hearing.
What happened
In Dranitca v. Allied Universal, Alina Dranitca had been directed to file a motion seeking default judgment and information supporting her damages, but she had not filed it or asked for more time. The court also required her to serve the defendants with the order.
The court gave Dranitca a one-time extension until June 2, 2023, to file the motion, proposed findings about damages, and supporting evidence. The defendants could respond by June 23, 2023, or request an in-court hearing; otherwise, the court said it intended to make a recommendation based only on Dranitca’s written submissions.
Judge Sarah L. Cave warned that failing to follow the order could lead to a recommendation that the case be dismissed for failure to prosecute. The order did not decide whether Dranitca was entitled to default judgment or damages.
The detailed version
- Dranitca v. Allied Universal · No. 1:22-cv-05120
- Sarah Cave
- May 19, 2023
Background
On March 2, 2023, Judge Jennifer L. Rochon referred the matter to Magistrate Judge Sarah L. Cave for a report and recommendation on Dranitca’s anticipated motion for default judgment and for an assessment of damages. A default judgment is a judgment requested because a defendant has not defended the case. On March 3, 2023, the court directed Dranitca to file the motion by April 5, 2023.
Dranitca did not file the motion by that deadline, request an extension, or otherwise communicate with the court.
Order
Judge Cave extended the filing deadline as a one-time courtesy. The order requires Dranitca to file the motion by June 2, 2023, under Federal Rule of Civil Procedure 55(b) and Southern District of New York Local Rule 55.2. The filing must include proposed factual findings and legal conclusions about damages. The order also requires Dranitca to support factual statements with affidavits or other evidence and to support any request for attorney’s fees and costs with evidence using the provided forms.
The defendants may respond by June 23, 2023. If they do not respond or contact Judge Cave’s chambers by that date to request an in-court hearing, Judge Cave intends to issue a report and recommendation about the motion and damages based only on Dranitca’s written submissions, without an in-court hearing. Dranitca must serve the order on the defendants and file proof of service by May 26, 2023.
Disposition and Effect
The order extends a deadline and sets procedures for the anticipated default-judgment motion; it does not grant or deny that motion and does not determine damages. Judge Cave warned that failure to comply could result in a recommendation that the case be dismissed for failure to prosecute. The opinion does not state that the case was dismissed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.