Bloise v. Q4 Generational Wealth, Inc.
- Rearden
- 1:22-cv-10488
- U.S. District Court · Southern District of New York
- 3
In Bloise v. Q4 Generational Wealth, Judge Rearden denied Bloise’s default-judgment motion because she had not obtained default on the amended complaint.
Alicia Bloise’s request for a default judgment against Q4 Generational Wealth, Inc. was denied. Q4’s earlier default certificate was vacated as moot, while the claims against Melanie Burgos and Jahee Bridgewater remained unresolved.
What happened
In Bloise v. Q4 Generational Wealth, Inc., Alicia Bloise sought a default judgment against Q4 Generational Wealth, Inc., which had not timely responded or appeared. Bloise had previously obtained a default certificate based on the original complaint, but later served an amended complaint.
The court explained that the amended complaint replaced the original complaint and became the operative pleading. Because Bloise had not obtained a new default certificate for the amended complaint, the court found that a default judgment against Q4 would be improper.
Judge Rearden denied the motion for default judgment and vacated the earlier default entry as moot. The court said Bloise may renew the motion after obtaining default as to the amended complaint and after the claims against the individual defendants are resolved.
The detailed version
- Bloise v. Q4 Generational Wealth, Inc. · No. 1:22-cv-10488
- Rearden
- Oct. 23, 2023
Background
Alicia Bloise filed this action against Q4 Generational Wealth, Inc., doing business as Calientes Restaurant & Bar, and individual defendants Melanie Burgos and Jahee Bridgewater. Burgos and Bridgewater, who were representing themselves, moved to dismiss the complaint for failure to state a claim. Q4 did not timely respond to the complaint or otherwise appear.
Bloise requested, and the Clerk entered, a certificate of default against Q4 based on the original complaint. Bloise later filed and served an amended complaint. She then moved for a default judgment against Q4.
Court’s Analysis
The court held that serving the amended complaint made it the operative complaint, meaning the pleading controlling the case. The original complaint no longer had legal effect and did not require a response from Q4. The default request and certificate concerned only the original complaint, not the amended complaint.
Under Federal Rule of Civil Procedure 55(a), a default may be entered when a party has failed to plead or otherwise defend as required. The court concluded that Bloise had not shown that Q4 failed to respond to the operative amended complaint because she had not obtained a certificate of default based on that pleading. The court therefore determined that entering a default judgment would be improper.
Disposition
The court DENIED Bloise’s motion for default judgment. It also ordered the Clerk to vacate the earlier certificate of default as MOOT. The court stated that Bloise may renew her motion against Q4 after obtaining an entry of default as to the amended complaint and after the claims against Burgos and Bridgewater are resolved. Judge Rearden directed the Clerk to terminate the motion and mail the order to Burgos and Bridgewater.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.