Stimmel v. Equifax Information Services LLC
- Vyskocil
- 1:23-cv-01610
- U.S. District Court · Southern District of New York
- 2
In Stimmel v. Equifax, Judge Vyskocil denied Stimmel’s default-judgment motion against New York Community Bank without prejudice because no default was entered.
Abraham Stimmel’s request for default judgment against New York Community Bank; the order did not resolve the underlying claims against the defendants.
What happened
In Stimmel v. Equifax Information Services LLC, Abraham Stimmel asked the court to enter a default judgment against New York Community Bank.
The court explained that a clerk must first formally record a party’s default before the court can enter a default judgment. The clerk had not recorded New York Community Bank’s default, and Stimmel’s motion also lacked required proposed documents.
Judge Mary Kay Vyskocil denied the motion without prejudice and directed the Clerk of Court to terminate the motion from the docket.
The detailed version
- Stimmel v. Equifax Information Services LLC · No. 1:23-cv-01610
- Vyskocil
- Oct. 12, 2023
Background
Abraham Stimmel filed a motion for default judgment against New York Community Bank. The opinion does not describe the underlying claims against the defendants.
Court’s reasoning
Under Federal Rule of Civil Procedure 55, obtaining a default judgment ordinarily requires two steps. First, the Clerk of Court must enter the opposing party’s default. Second, the plaintiff may ask the court to enter a default judgment. The Clerk had not entered a certificate of default in this case, so a default judgment could not issue. The court also noted that Stimmel’s motion did not include a proposed judgment or a proposed order to show cause, among other issues.
Disposition
Judge Mary Kay Vyskocil denied the motion without prejudice. The Clerk of Court was also requested to terminate docket entry 10. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.