Bassaw v. Molekule, Inc.
- John Cronan
- 1:23-cv-04667
- U.S. District Court · Southern District of New York
- 3
In Bassaw v. Molekule, Inc., Judge Cronan ordered steps toward a possible default judgment but did not decide the Americans with Disabilities Act claim.
Shivan Bassaw and Molekule, Inc. The order set deadlines and a hearing concerning possible default judgment; it did not decide the merits of Bassaw’s claim.
What happened
In Bassaw v. Molekule, Inc., Shivan Bassaw filed a complaint, and Molekule, Inc. was served but did not appear or answer by the deadline.
The court ordered Bassaw to seek a default judgment by August 9, 2023, or explain why the case should not be dismissed for failure to prosecute. It also scheduled a hearing for Molekule to explain why a default judgment should not be entered and required Bassaw to serve the order on Molekule.
Judge John P. Cronan did not enter a default judgment or decide whether the complaint states a valid claim under the Americans with Disabilities Act. He directed the parties to be prepared to address that issue and the calculation of damages.
The detailed version
- Bassaw v. Molekule, Inc. · No. 1:23-cv-04667
- John Cronan
- July 27, 2023
Background
Shivan Bassaw filed the complaint on June 2, 2023. Molekule, Inc. was served on June 27, 2023, making its answer due on July 18, 2023. The court stated that Molekule had not appeared or answered.
Court’s Order
The court ordered Bassaw to file a motion for default judgment by August 9, 2023, under the applicable court rules, or show cause—that is, explain—why the case should not be dismissed for failure to prosecute. Bassaw was required to serve the motion and supporting papers on Molekule by August 9 and file proof of service by August 11. Molekule could oppose the motion by August 23, and Bassaw could reply by August 30.
The court also ordered Molekule to appear at a September 7, 2023 hearing and explain why a default judgment should not be entered. If Molekule did not appear, Bassaw’s counsel was directed to be prepared to discuss communications with Molekule, service of the lawsuit and the order, Molekule’s notice of the hearing, and the method for calculating damages. The court further ordered Bassaw to serve Molekule with the order by overnight courier and file proof of service within two business days.
Potential Default Judgment and ADA Issue
The court explained that a defendant’s default does not automatically entitle a plaintiff to a default judgment. Even when the complaint’s factual allegations are treated as true, the court must determine whether those allegations establish liability as a matter of law. The court therefore directed counsel to be prepared to discuss whether the complaint alleges a valid cause of action under the Americans with Disabilities Act, including authorities addressing whether certain websites qualify as places of public accommodation.
If Molekule appeared and opposed the default-judgment motion before the September 7 hearing, the hearing would also serve as an initial case-management conference. The order did not enter default judgment, decide liability, or resolve whether Bassaw’s complaint states a valid ADA claim. Judge John P. Cronan instead set deadlines, scheduled a hearing, and required further service and briefing.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.