First Data Merchant Services Corporation v. Oxford Management Services, Inc.

Filing 55

ORDER TO SHOW CAUSE re: 54 : Pursuant to the attached Order to Show Cause, the Court hereby ORDERS Oxford to Show Cause in writing, by April 9, 2012 by letter filed electronically with this Court and served on counsel for plaintiff, whether it inte nds to pursue its counterclaims or otherwise defend this action. Failure to so do will result in this Court entering default judgment against defendant Oxford in favor of plaintiff FDMS on plaintiffs claims on which this Court has already granted su mmary judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure (FRCivP), and dismissing all of defendant Oxfords counterclaims pled herein for failure to prosecute pursuant to this Courts authority under FRCivP 16. This Court FURTHER ORDE RS that plaintiff FDMS serve a copy of this Order to Show Cause on defendant Oxford by April 3, 2012 in any manner specified in FRCivP 4, and immediately thereafter electronically file proof of such service with the Court. Ordered by Judge Roslynn R. Mauskopf on 3/30/2012. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FIRST DATA MERCHANT SERVICES
CORPORATION,
Plaintiff,
- against -

ORDER TO SHOW CAUSE
07-CV-2083 (RRM)(ETB)

OXFORD MANAGEMENT SERVICES, INC.,
Defendant.
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MAUSKOPF, United States District Judge:
Plaintiff First Data Merchant Services Corp. (“FDMS” or “Plaintiff”) brought this action
against Oxford Management Services, Inc. (“Oxford” or “Defendant”), seeking damages for
Defendant’s alleged breach of contract. Plaintiff’s moved for summary judgment, and by
Memorandum and Order (Doc. No. 44), granted summary judgment in favor of plaintiff. The
Court denied the award of damages without prejudice to renew, following a conference with the
Court and the submission of sufficient evidence to support plaintiff’s damage request.
Shortly after the Court’s grant of summary judgment, Oxford’s counsel sought, and was
granted permission, to withdraw. (See Doc. Nos. 46, 53.) The Court directed Oxford to retain
new counsel by July 8, 2011. 1 To date, no counsel has entered a notice of appearance, and as a
corporate entity, Oxford may not represent itself. In its Answer (Doc. No. 4), Oxford alleged
various counterclaims which remain pending.
Plaintiff now seeks an Order declaring Oxford in default, dismissing its counterclaims for
failure to prosecute, and allowing plaintiff to renew its request for damages and the entry of
judgment upon submission of additional evidence. (Doc. No. 54.)

1

Pursuant to the letter seeking to withdraw, Oxford’s counsel indicated that Oxford had ceased operations on March
17, 2011. (Doc No. 46.)

1

Based on its conduct, particularly, its failure to secure counsel and its lack of diligence in
pursuing its counterclaims, Oxford appears to have abandoned this action and has failed
diligently to prosecute its counterclaims.
In an abundance of caution, the Court hereby ORDERS Oxford to Show Cause in
writing, by April 9, 2012 by letter filed electronically with this Court and served on counsel
for plaintiff, whether it intends to pursue its counterclaims or otherwise defend this action.
Failure to so do will result in this Court entering default judgment against defendant
Oxford in favor of plaintiff FDMS on plaintiff’s claims on which this Court has already
granted summary judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure
(“FRCivP”), and dismissing all of defendant Oxford’s counterclaims pled herein for failure
to prosecute pursuant to this Court’s authority under FRCivP 16.
This Court FURTHER ORDERS that plaintiff FDMS serve a copy of this Order to Show
Cause on defendant Oxford by April 3, 2012 in any manner specified in FRCivP 4, and
immediately thereafter electronically file proof of such service with the Court.
SO ORDERED.

Roslynn R. Mauskopf
Dated: Brooklyn, New York
March 30, 2011

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ROSLYNN R. MAUSKOPF
United States District Judge

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