Newhouse v. New York City Housing Authority et al
| Judith Newhouse |
| New York City Housing Authority and Damon C. Barnard |
| 1:2023cv02098 |
| March 19, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Rachel P Kovner |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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ORDER granting #10 Motion to Set Aside Default: Defendant New York City Housing Authority's motion to extend the time to answer or otherwise respond to the Complaint is granted. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendant has demonstrated "good cause" as to why it should have been permitted to respond to the complaint after its deadline has elapsed. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, in its response papers, Defendant has shown that (1) the default was not willful, (2) Plaintiff would not be prejudiced; and (3) there are some meritorious defenses to the claims, though the Court declines to opine as to whether the defenses are sufficient to overcome the allegations. Accordingly, in light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendant's answer at #7 is accepted. So Ordered by Magistrate Judge Marcia M. Henry on 05/12/2023. (JD)
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| Filing 11 SUMMONS Returned Executed by Judith Newhouse. Damon C. Barnard served on 5/11/2023, answer due 6/1/2023. (Bonder, Sandra) |
| Filing 10 Letter MOTION to Set Aside Default by New York City Housing Authority. (Harris, Ian) |
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Filing 9
SCHEDULING ORDER: An in-person initial conference will be held on 06/30/2023 at 12:00PM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 06/23/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 05/10/2023. (Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC)
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ORDER re #7 Answer: The Court is in receipt of Defendants' answer to the Complaint at #8 , filed on 05/01/2023. Defendant New York City Housing Authority's answer was due on 04/18/2023. Because Defendants seek answer after the time to do so has passed, Defendants must file a letter motion (not to exceed three pages) by 05/15/2023 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should be vacated. Liang v. Home Reno Concepts, LLC, 803 F. Appx 444, 446 n.2 (2d Cir. 2020). Plaintiff shall file proof of service as to Defendant Barnard by 05/15/2023.So Ordered by Magistrate Judge Marcia M. Henry on 05/04/2023. (JD)
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| Filing 8 NOTICE of Appearance by Janine Silver on behalf of Damon C. Barnard, New York City Housing Authority (aty to be noticed) (Silver, Janine) |
| Filing 7 ANSWER to #1 Complaint, by All Defendants. (Harris, Ian) |
| Filing 6 SUMMONS Returned Executed by Judith Newhouse. New York City Housing Authority served on 3/28/2023, answer due 4/18/2023. (Bonder, Sandra) |
| Filing 5 Summons Issued as to Damon C. Barnard, New York City Housing Authority. (Attachments: #1 Summons) (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 2 NOTICE of Appearance by Sandra L. Bonder on behalf of Judith Newhouse (aty to be noticed) (Bonder, Sandra) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16511109 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Judith Newhouse. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Defendant New York City Housing Authority, #3 Proposed Summons Defendant Damon C. Barnard) (Haicken, Matthew) |
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