Johnson v. City of New York

Background

On September 16, 2023, Sean Johnson filed a motion seeking a default judgment under Rule 55 of the Federal Rules of Civil Procedure and the Southern District of New York’s Local Civil Rule 55.2(b). A default judgment is a judgment requested because a defendant has not responded or otherwise defended the case.

Service of Process

The court stated that it could not properly enter a default judgment unless it had jurisdiction over the defendants, which required each defendant to have been effectively served with the lawsuit. The court directed Johnson to submit, no later than September 27, 2023, a letter brief addressing whether service on the defendants was proper. The order cited Rule 4(e), which concerns methods for serving individuals.

Johnson was also ordered to serve a copy of the letter brief on the New York City Law Department, identified in the order as the Corporation Counsel, by September 28, 2023. He had to file proof of that service by September 29, 2023.

Other Directions and Disposition

The court noted that Johnson had repeatedly filed documents incorrectly through the court’s electronic filing system, resulting in multiple deficiency notices from the Clerk’s Office. It directed counsel to ensure that future filings complied with the court’s electronic filing rules and that deficiency notices were promptly addressed.

The court adjourned the initial pretrial conference, previously scheduled for October 5, 2023, to December 7, 2023, at 9:00 a.m. The opinion orders additional briefing and changes the conference date; it does not state that the court granted or denied the default-judgment motion.