Jones v. NYC Department of Housing Preservation and Development et al

Filing 36

ORDER, Deft's request for an additional 30 days to respond to the complaint is granted. Although deft Allen did not timely respond to the complaint, there has been no discovery in this case, and deft NYC Dept. of Housing Preservation and Develop ment has filed a motion to dismiss the complaint, which is pending. Therefore, pltff has suffered no prejudice as a result of deft Allen's failure to respond. Furthermore, as stated in deft's affidavit, the failure to respond was not willfu l, and deft intends to move to dismiss the complaint. The Court therefore sets aside the Clerk's entry of default against deft Allen, and denies pltff's motion for default judgment. The Court shall hold a status conference in this case on 3/18/10 at 2:30 in Courtroom #11A at which time deft Allen shall serve its response to pltff's complaint. (Ordered by Magistrate Judge Lois Bloom on 2/09/2010) c/m (Galeano, Sonia)