Rennie v. Top View / Go New York Tours / South East Personnel

Background

Plaintiff David Rennie was representing himself. He filed a motion for a protective order at Document 4 and a motion for default judgment at Document 5.

Rennie’s protective-order request relied on allegations that the defendant had mailed him Amazon packages that he immediately refused, including cosmetic products and a wooden assembly. He also submitted photographs that appeared to show mailings from the defendant’s counsel. The court stated that it was unclear whether the pictured Amazon package was one of the products Rennie described because the package did not apparently refer to the defendant, and Rennie provided no other information connecting it to the defendant. He supplied no legal authority for the requested protective order.

Rulings on Plaintiff’s Motions

The court denied the motion for a protective order. It explained that legal communications mailed by defense counsel to a self-represented plaintiff did not provide a basis for court action identifiable from the submitted materials. The court also stated that the other mailings Rennie complained about did not provide grounds for court action.

The court denied the motion for default judgment. It explained that a party must first obtain an entry of default before seeking default judgment. Rennie had not obtained an entry of default, and the court stated that he could not do so because the defendant had not failed to plead or otherwise defend the case.

Defendant’s Motion and Disposition

The defendant filed a motion to dismiss and consolidate cases at Document 13 and then refiled it at Document 16. The court stated that the earlier motion would be terminated and that it would consider the papers submitted at Document 16, along with any appropriate oppositions and replies. The order does not state a ruling on the merits of the refiled motion.

Judge Vernon S. Broderick directed the Clerk of Court to close the motions at Documents 4, 5, and 16. The final line of the provided text is incomplete, stating only that the Clerk was directed “to mail an copy.”