Sookul v. Bry's Comics, Inc.
- John Cronan
- 1:23-cv-02394
- U.S. District Court · Southern District of New York
- 3
In Sookul v. Bry’s Comics, Inc., Judge Cronan ordered Sookul to seek default judgment or explain dismissal, while scheduling a hearing for Bry’s Comics.
Sanjay Sookul had to pursue default judgment or explain why the case should not be dismissed, while Bry’s Comics, Inc. faced a hearing about possible default judgment and received deadlines to respond.
What happened
In Sookul v. Bry’s Comics, Inc., the defendant did not appear or answer after being served with the complaint. The court issued a certificate recording the defendant’s failure to respond.
The court ordered Sookul to request a default judgment by June 9, 2023, or explain why the case should not be dismissed for failure to prosecute. It also required service of the motion and scheduled a hearing for July 11, 2023, at which Bry’s Comics had to explain why a default judgment should not be entered.
Judge John P. Cronan did not enter a default judgment in this order. He directed Sookul’s counsel to be prepared to address whether the complaint states a valid claim under the Americans with Disabilities Act and how any damages would be calculated.
The detailed version
- Sookul v. Bry's Comics, Inc. · No. 1:23-cv-02394
- John Cronan
- May 26, 2023
Background
Sanjay Sookul filed the complaint on March 21,
- Bry’s Comics, Inc. was served on March 28, making its response due April
- The court extended that deadline to May
- The defendant still had not appeared or answered when the Clerk issued a certificate of default on May 25.
Order
The court ordered Sookul to file a motion for default judgment by June 9, 2023, or show why the case should not be dismissed for failure to prosecute. A default judgment is a judgment entered when a defendant has failed to respond, but the court explained that a certificate of default does not automatically entitle a plaintiff to that judgment. The court must still determine whether the complaint’s allegations, taken as true, establish legal liability.
Sookul had to serve the motion and supporting papers on Bry’s Comics by June 13 and file proof of service by June 15. The defendant could oppose the motion by June 27, and Sookul could reply by July 5.
Hearing and ADA Issue
The court ordered Bry’s Comics to appear and explain at a July 11 hearing why a default judgment should not be entered. If the defendant appeared and opposed the motion before the hearing, the hearing would also serve as an initial case-management conference. The court directed Sookul’s counsel to be prepared to discuss service, communications with the defendant, any intention to challenge the lawsuit, and the method for calculating damages.
The court also directed counsel to address whether the complaint states a valid claim under the Americans with Disabilities Act. The cited authorities raised whether that statute covers websites of businesses without public-facing physical retail operations, but this order did not decide that issue.
Disposition
The court ordered Sookul to pursue default judgment or show cause regarding dismissal, scheduled the hearing, and required another delivery of the order to Bry’s Comics by overnight courier. The order did not grant or deny default judgment and did not decide the validity of the ADA claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.