Couto v. American Express Company

Couto v. American Express Company

Case Number:	1:2023cv10085
Filed:	November 28, 2023
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Nature of Suit:	Banks and Banking
Cause of Action:	28 U.S.C. § 1332 bc Diversity-Breach of Contract

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Date Filed	Document Text
January 23, 2024	Filing 15 MEMO ENDORSEMENT denying 13 Motion for Default Judgment. ENDORSEMENT: Application DENIED. Plaintiff has not obtained a certificate of default from the Clerk of Court's office, as is required by the Court's Individual Rules and Local Civ il Rule 55.2(b). Nor could Plaintiff obtain such a certificate, as Defendant has appeared in this action and filed a pre-motion letter seeking leave to file a motion to dismiss this action. (Dkt. #11). Plaintiff is reminded that the Court has schedul ed a telephonic pre-motion conference on March 5, 2024, and ordered Plaintiff to file a response to Defendant's pre-motion letter, not to exceed three pages, on or before February 29, 2024. (Dkt. #12). The Clerk of Court is directed to terminate the pending motion at docket entry 13, and to mail a copy of this endorsement to Plaintiff at his address of record.. (Signed by Judge Katherine Polk Failla on 1/23/2024) (rro)
November 28, 2023	Filing 5 ORDER: Plaintiff's request for the return of the money order is hereby DENIED. The Clerk of Court is directed to return to Plaintiff his personal check for $402.00, via certified mail to Plaintiff's address of record, and include as well a copy of this Order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United S tates, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/28/2023) (ks) Transmission to Finance Unit (Cashiers) for processing.

Date Filed

Document Text

January 23, 2024

Filing 15 MEMO ENDORSEMENT denying 13 Motion for Default Judgment. ENDORSEMENT: Application DENIED. Plaintiff has not obtained a certificate of default from the Clerk of Court's office, as is required by the Court's Individual Rules and Local Civ il Rule 55.2(b). Nor could Plaintiff obtain such a certificate, as Defendant has appeared in this action and filed a pre-motion letter seeking leave to file a motion to dismiss this action. (Dkt. #11). Plaintiff is reminded that the Court has schedul ed a telephonic pre-motion conference on March 5, 2024, and ordered Plaintiff to file a response to Defendant's pre-motion letter, not to exceed three pages, on or before February 29, 2024. (Dkt. #12). The Clerk of Court is directed to terminate the pending motion at docket entry 13, and to mail a copy of this endorsement to Plaintiff at his address of record.. (Signed by Judge Katherine Polk Failla on 1/23/2024) (rro)

November 28, 2023

Filing 5 ORDER: Plaintiff's request for the return of the money order is hereby DENIED. The Clerk of Court is directed to return to Plaintiff his personal check for $402.00, via certified mail to Plaintiff's address of record, and include as well a copy of this Order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United S tates, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/28/2023) (ks) Transmission to Finance Unit (Cashiers) for processing.

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