Sanon v. Kidz Discovery Inc.
- Jesse Furman
- 1:22-cv-10583
- U.S. District Court · Southern District of New York
- 2
In Sanon v. Kidz Discovery, Judge Furman scheduled briefing and a hearing on Sanon’s motion seeking default judgment against Kidz Discovery Inc.
Sandra Sanon and Kidz Discovery Inc.; the order also sets procedures affecting the parties if Kidz Discovery Inc. appears or opposes the motion.
What happened
In Sanon v. Kidz Discovery Inc., Sandra Sanon asked the court to enter default judgment against Kidz Discovery Inc. after the company did not appear as required in the case.
Judge Furman ordered Kidz Discovery Inc. to oppose the motion by July 14, 2023, and to appear on July 25, 2023, to explain why default judgment should not be entered. The order did not itself enter default judgment.
Judge Jesse M. Furman also required Sanon to serve the motion and the order on the company and file proof of service. If the company appeared or opposed the motion, the hearing would instead be treated as an initial pretrial conference.
The detailed version
- Sanon v. Kidz Discovery Inc. · No. 1:22-cv-10583
- Jesse Furman
- June 9, 2023
Background
On June 6, 2023, Sandra Sanon, individually and on behalf of other similarly situated people, moved for default judgment against Kidz Discovery Inc. under Federal Rule of Civil Procedure 55(b)(2) and the applicable local rule. Default judgment is a judgment that may be entered when a party fails to defend the case.
Orders concerning the motion
The court ordered Kidz Discovery Inc. to file any opposition to the motion by July 14, 2023. The court cautioned that a corporation may appear in federal court only through a licensed lawyer and that repeated failure to appear through counsel may result in default judgment.
The court also ordered Kidz Discovery Inc. to appear and show cause on July 25, 2023, at 10:00 a.m. why default judgment should not be entered. The scheduled conference was to be held remotely by telephone unless the court ordered otherwise. Sanon was required to file a proposed default judgment order for the clerk’s approval no later than the Thursday before the conference.
If Kidz Discovery Inc. appeared, opposed the motion, or sought permission to respond to the complaint late, the conference would instead be treated as the initial pretrial conference. The parties would then have to follow the court’s specified pre-conference procedures, including filing a joint letter and proposed case-management plan and participating in an early settlement conference.
Service requirement and disposition
The court ordered Sanon to serve Kidz Discovery Inc. by first-class mail and email with the motion, supporting papers, and the order, and to file proof of each service on the docket within two business days.
Judge Jesse M. Furman scheduled briefing and a show-cause hearing; the order did not decide the motion for default judgment or enter default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.