136 Field Point Circle Holding Company, LLC v. Razinski

Motion

The plaintiff, 136 Field Point Circle Holding Company, LLC, moved for a default judgment against defendant Invar International Holdings, Inc. The plaintiff also requested a hearing to determine damages and other relief. Its notice of motion relied on Federal Rule of Civil Procedure 41(b) and described the requested judgment as based on failure to prosecute.

Court’s reasoning

The court denied the motion because the plaintiff had not obtained the Clerk’s Certificate of Default required before requesting a default judgment. The court cited the Southern District of New York’s electronic case-filing rules and Local Civil Rule 55.1, which requires a request for a Clerk’s Certificate of Default when seeking entry of default under Federal Rule of Civil Procedure 55(a).

The court further stated that Federal Rule of Civil Procedure 55—not Rule 41, on which the plaintiff relied—governs the entry of default and default judgment. The court instructed that any renewed motion must comply with Rule 55, Local Civil Rule 55.1, Rule 16.1 of the Southern District of New York’s electronic filing rules, and Rule 5.H of the judge’s individual practices.

Disposition

Judge Jennifer H. Rearden denied the motion without prejudice to renewal. The clerk was directed to terminate docket entries 59 and 60. The opinion did not decide whether the plaintiff was entitled to a default judgment or damages.