Narayana v. American Express National Bank et al
| Muralidhar Narayana |
| American Express National Bank and Blitt & Gaines, P.C. |
| 1:2023cv04526 |
| July 13, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE by Blitt & Gaines, P.C. re First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blitt & Gaines, P.C. MOTION by Defendant Blitt & Gaines, P.C. to dismiss for lack of jurisdiction #23 (Attachments: #1 Certificate of Service)(Starzec, Michael) |
| Filing 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blitt & Gaines, P.C. , MOTION by Defendant Blitt & Gaines, P.C. to dismiss for lack of jurisdiction (Attachments: #1 Exhibit Clerk of Cook County Docket)(Starzec, Michael) |
| Filing 22 MINUTE entry before the Honorable Franklin U. Valderrama: For the following reasons, the Court denies Plaintiff Muralidhar Narayana's (Narayana) motion for entry of default against Defendant Blitt & Gaines, P.C. (Blitt) under Federal Rule of Civil Procedure 55(a) #12 and grants Blitt's motion for extension of time to answer or otherwise respond to the Complaint until 9/14/2023 #13 . As Blitt points out in Reply, Narayana did not serve Blitt with his motion for entry of Default as required under N.D. Ill. Local Rule 5.5. R. #19 , Reply at 1-2. Although Narayana filed a "service of motion" indicating that he electronically filed his Rule 55(a) motion for entry of default, and the District's Local Rules do not require service of such a motion under Rule 55(a) seven days before presenting the motion #21 , because Blitt had not yet filed an appearance on the docket as of the filing of Narayana's Rule 55(a) motion, Local Rule 5.5 required that Narayana served the motion on Blitt and filed a certificate of service with his motion (although such service needed not be effectuated seven days before the filing of the motion). Even putting aside the issue of service, more importantly the Court agrees with Blitt that the Court need not apply the standard for setting aside a default judgment (good cause for the default, quick action to correct it, and a meritorious defense to the complaint) articulated in the authorities, including Wehrs v. Wells, 688 F.3d 886, 890 (7th Cir. 2012), cited by Narayana in his Response. As Blitt points out, the Court has not yet entered default against Blitt under either Rule 55(a) or 55(b), unlike the court in Wehrs, which had entered default judgment under Rule 55(b). Moreover, the Court finds that Blitt's several-day delay in appearing and moving for an extension of time to answer does not qualify as "extreme conduct" requiring default. As the Seventh Circuit stated in Sun v. Bd. of Trustees of Univ. of IL, default judgment "is a weapon of last resort, appropriate only when a party willfully disregards pending litigation." 473 F.3d 799, 810 (7th Cir. 2007). The record before the Court does not demonstrate the Blitt has willfully disregarded the pending litigation. Accordingly, the Court denies Narayana's motion for entry of default #12 and grants Blitt's motion for extension of time to answer #13 . Blitt's answer or other responsive pleading is now due 9/11/2023. The Court reminds all parties that going forward they must comply with all Court deadlines. Emailed notice (axc). |
| Filing 20 SERVICE OF THE MOTION by Muralidhar Narayana. (ph, ) |
| Filing 21 SERVICE OF THE MOTION by Muralidhar Narayana regarding MOTION by Plaintiff Muralidhar Narayana for default judgment as to #12 (nsf, ) |
| Filing 19 REPLY by Defendant Blitt & Gaines, P.C. to extension of time #13 (Attachments: #1 Certificate of Service, #2 Notice of Filing)(Starzec, Michael) |
| Filing 18 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's motion to oppose Defendant Blitt & Gaines, P.C.'s request for enlargement of time to file responsive pleading #17 . The Court construes Plaintiff's filing as a response, and instructs the Clerk to terminate it as a motion. The Court directs Defendant Blitt & Gaines, P.C. to file a reply in support of its motion for extension by 9/1/2023. The Court continues keep Plaintiff's motion for entry of default under advisement pending resolution of Defendant's motion for extension of time. Emailed notice (axc). |
| Filing 17 MOTION by Plaintiff Muralidhar Narayana to oppose Defendant's (Blitt & Gaines, P.C.) request for enlargement of time to file responsive pleading. (Exhibits). (jn, ) |
| Filing 16 ATTORNEY Appearance for Defendant American Express National Bank by Stephen J. Newman (Newman, Stephen) |
| Filing 15 MINUTE entry before the Honorable Franklin U. Valderrama: The Court's Courtroom Deputy received an email from Plaintiff indicating that Plaintiff intends to file a response in opposition to Defendant Blitt & Gaines, P.C.'s motion for extension of time to answer the complaint #13 . As an initial matter, the Court advises Plaintiff that ex parte communications with the Court (that is, communications with the Court, which includes the Court's courtroom deputy, without counsel for Defendants present or copied) about substantive matters relating to Plaintiff's case is inappropriate. Pursuant to the information in Plaintiff's email that Plaintiff intends to oppose Defendant Blitt & Gaines, P.C.'s motion for extension of time to answer the complaint, the Court will allow Plaintiff to file a response, which will be due by 8/25/2023. No reply will be permitted. The Court advises Plaintiff that the Seventh Circuit favors a trial on the merits over a default judgment, allowing for entry in only extreme circumstances. See Sun v. Bd. of Trustees of Univ. of Ill., 473 F.3d 799, 811 (7th Cir. 2007). The Court takes Plaintiff's motion for entry of default pursuant to Fed. R. Civ. P. 55(a) #12 under advisement pending resolution of Defendant's motion for extension of time #13 . Emailed notice (axc). |
| Filing 14 ATTORNEY Appearance for Defendant Blitt & Gaines, P.C. by Michael L. Starzec (Attachments: #1 Certificate of Service)(Starzec, Michael) |
| Filing 13 MOTION by Defendant Blitt & Gaines, P.C. for extension of time & Response to Motion for Default (Attachments: #1 Notice of Filing, #2 Certificate of Service, #3 Exhibit)(Starzec, Michael) |
| Filing 12 MOTION by Plaintiff Muralidhar Narayana for clerk's entry of default pursuant to FED.R.CIV.P.55(a). (Exhibits) (rc, ) |
| Filing 11 AFFIDAVIT Returned Executed by Muralidhar Narayana as to Blitt & Gaines, P.C. on 7/20/2023, answer due 8/10/2023. (rc, ) |
| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant American Express National Bank's Agreed Motion for an Extension of Time to Respond to Complaint #9 . The deadline for Defendant American Express National Bank to respond to Plaintiff's complaint is extended to 9/11/2023. The joint initial status report deadline remains due on 09/26/2023. Emailed notice (axc). |
| Filing 9 MOTION by Defendant American Express National Bank for extension of time to file answer or otherwise plead in response to Complaint (Kwark, Candice) |
| Filing 8 ATTORNEY Appearance for Defendant American Express National Bank by Candice Jaesun Kwark (Kwark, Candice) |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 09/26/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). |
| Filing 6 CERTIFICATE of Service by Plaintiff Muralidhar Narayana. (jn, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) |
| Filing 5 SUMMONS Issued as to Defendants American Express National Bank, Blitt & Gaines, P.C. (ph, ) |
| Filing 3 CIVIL Cover Sheet. (ph, ) |
| Filing 2 PRO SE Appearance by Plaintiff Muralidhar Narayana. (ph, ) |
| Filing 1 COMPLAINT filed by Muralidhar Narayana ; Jury Demand. (Exhibits) (ph, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ph, ) |
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