Loadholt v. OrthoFeet, Inc.
- Carter
- 1:22-cv-03977
- U.S. District Court · Southern District of New York
- 1
In Loadholt v. OrthoFeet, Judge Carter kept default-judgment deadlines in place after OrthoFeet filed a late answer.
Christopher Loadholt and OrthoFeet, Inc.; the order sets deadlines for a possible default-judgment motion and opposition.
What happened
In Loadholt v. OrthoFeet, OrthoFeet filed an answer after the deadline, responding to the amended complaint and following an earlier order directing Christopher Loadholt to move for default judgment.
The court kept the earlier deadlines in effect. Loadholt had to seek a certificate of default by July 25, 2023, and file a motion for default judgment by August 15, 2023. OrthoFeet could oppose that motion in writing by August 29, 2023.
The order did not decide whether default judgment should be entered or resolve the underlying claims. Judge Andrew L. Carter, Jr. stated that OrthoFeet’s late answer could be treated as a default issue and directed the parties to follow the stated schedule.
The detailed version
- Loadholt v. OrthoFeet, Inc. · No. 1:22-cv-03977
- Carter
- July 21, 2023
Background
The court had issued a July 18, 2023 order directing Plaintiff Christopher Loadholt to move for default judgment. OrthoFeet, Inc. then filed a late answer to the amended complaint. The court cited precedent stating that a late answer may be treated as a default issue and is analogous to a request to set aside a default.
Deadlines and Possible Opposition
The court stated that the deadlines in its July 18 order remained in effect. If Loadholt sought default judgment, he had to request a certificate of default by July 25, 2023, and file the default-judgment motion by August 15, 2023. OrthoFeet could oppose the motion in writing by August 29, 2023, addressing the factors identified in Enron Oil Corp. v. Diakuhara.
Disposition
The order maintained the existing schedule. It did not rule on whether a certificate of default should issue, whether default judgment should be entered, or the merits of the amended complaint. Judge Andrew L. Carter, Jr. entered the order on July 21, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.