STAMPONE v. WALKER et al

Filing 10

ORDER denying w/out prejudice 7 Motion for Default Judgment. Signed by Judge Jose L. Linares on 1/19/16. (DD, )

BENNET D. ZUROFSKY
Attorney at Law

17 Academy Street - Suite 1201
Newark, New Jersey 07102
www.zurofskylaw.com
973-642-0885
Fax: [phone]
[e-mail]
January 15, 2016
BY

FILING ONLY

Honorable Jose L. Linares, U.S.D.J.
Federal Building and US Courthouse, Room5054
50 Walnut Street
Newark, NJ 07102
Re: Stampone v. Walker, et al., Docket No. 15-civ-6956-JLL-JAD
(Premature Notice of Motion for Default Judgment)
Dear Judge Linares:
Please be advised that I am the attorney for the defendants in the above captioned matter.
I have been served this afternoon with a Motion for Default Judgment filed by the pro se plaintiff
Frederick Stampone (Doc. 7) which the Clerk's office has marked returnable February 16, 2016.
My clients, however, are not in default. Pursuant to the Clerk's Text Order filed on
December 30, 2015, our time to file a responsive pleading was extended until next Tuesday,
January 19, 2016. We are in the midst of preparing a Motion to Dismiss the Complaint which will
be timely filed on the 19th.
Accordingly, we respectfully suggest that Mr. Stampone's Motion for Default Judgment
should be denied without further ado.
Respectfully yours,

Cc (by mail): Frederick Stampone

IS/ Bennet D. Zurofsky
BENNET D. ZUROFSKY