Almonte Tello et al v. 74 Fifth Ave Market, Corp. et al

Filing 73

ORDER: Accordingly, if Plaintiff wishes to pursue default judgment against Defendant Byung Lim, he must obtain a new Certificate of Default from the Clerk of Court. And as set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/28/2020) (ama)

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 8-28-20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALAMONTE TELLO, et al.,
Plaintiff,

18-CV-210 (RA)

v.

ORDER

74 FIFTH AVE MARKET, CORP., et al.,
Defendant.

RONNIE ABRAMS, United States District Judge:
On August 11, 2020, Plaintiff moved for default judgment against Defendants 74 Fifth Ave
Market, Corp., Valent & Cook at 57 Street Corp., and Byung Lim. Dkt. 68. This Court’s individual
rules require a party seeking default judgment to obtain a Certificate of Default from the Clerk of Court.
for

each

party

against

whom

the

Plaintiff

seeks

default

judgment

(https://www.nysd.uscourts.gov/sites/default/files/practice_documents/Judge%20Abrams%20%20Individual%20Rules%20of%20Practice%20in%20Civil%20Cases.pdf).

Although the Clerk of

Court entered a certificate of default against all three Defendants on August 3, 2018, Dkt. 17–19, because
Defendant Byung Lim filed a notice of appearance subsequent to this date, Dkt. 26, the certificate of
default is no longer operative against Defendant Byung Lim. Accordingly, if Plaintiff wishes to pursue
default judgment against Defendant Byung Lim, he must obtain a new Certificate of Default from the
Clerk of Court.
SO ORDERED.
Dated:

August 28, 2020
New York, New York
RONNIE ABRAMS
United States District Judge