Baker v. Weber et al

Filing 124

ORDER: In reviewing Plaintiff's filings for her motion for default judgment, it does not appear that Plaintiff ever filed an affidavit showing that all of the Defendants against whom a default is sought are not infants, in the military, or i ncompetent persons. No later than January 10, 2022, at 9:00 a.m., Plaintiff shall file an affidavit meeting this requirement or request an adjournment of the default judgment hearing scheduled for January 10, 2022, at 10:30 a.m. SO ORDERED. (Motions due by 1/10/2022.) (Signed by Judge John P. Cronan on 1/7/2022) (jca)

Case 1:19-cv-01093-JPC Document 124 Filed 01/07/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TANISIA N. BAKER,
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Plaintiff,
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-v:
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CARL WEBER et al.,
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Defendants.
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:
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19 Civ. 1093 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
Under Federal Rule of Civil Procedure 55(b), “[a] default judgment may be entered against
a minor or incompetent person only if represented by a general guardian, conservator, or other like
fiduciary who has appeared.” Fed. R. Civ. P. 55(b). S.D.N.Y. Local Rule 55.1 similarly requires
a party seeking default judgment to file an affidavit showing “that the party against whom a notation
of default is sought is not an infant, in the military, or an incompetent person.” S.D.N.Y & E.D.N.Y
L. R. Civ. P. 55.1. In reviewing Plaintiff’s filings for her motion for default judgment, it does not
appear that Plaintiff ever filed an affidavit showing that all of the Defendants against whom a default
is sought are not infants, in the military, or incompetent persons. No later than January 10, 2022,
at 9:00 a.m., Plaintiff shall file an affidavit meeting this requirement or request an adjournment of
the default judgment hearing scheduled for January 10, 2022, at 10:30 a.m.
SO ORDERED.
Dated: January 7, 2022
New York, New York

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JOHN P. CRONAN
United States District Judge