Baker v. Weber et al

Filing 126

ORDER The Court grants Plaintiffs adjournment request. The default judgment hearing scheduled for January 10, 2022, at 10:30 a.m. is adjourned until January 18, 2022, at 2:00 p.m. No later than January 14, 2022, Plaintiff must file (1) the previ ously ordered affidavit pursuant to S.D.N.Y. Local Rule 55.1, attesting 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, see Dkt. 124; and ( 2) a detailed affidavit explaining service of process of the summons and complaint on Ms. Stringer, including whether both the summons and complaint were posted at her residence and whether the summons and complaint were mailed to her by certified ma il. At the January 18, 2022 default judgment hearing, Plaintiff should be prepared to discuss all the requirements for entering default judgment, including (1) service of process on Ms. Stringer, (2) how the Court finding ambiguity in the 2003 agree ment, see Dkt. 104 at 13, affects the Court's analysis to enter default judgment for each claim, and (3) Plaintiff's damages projections. At the scheduled time for the teleconference, counsel for all parties should call [phone], access code 9176261. (Signed by Judge John P. Cronan on 1/9/2022) (mhe)

Case 1:19-cv-01093-JPC Document 126 Filed 01/09/22 Page 1 of 1

Craig S. Tarasoff, Esq.
[e-mail]

January 7, 2022
Via ECF and E-Mail ([e-mail])
Hon. John P. Cronan
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street, Room 1320
New York, NY 10007
Re:

Baker v. Weber, et al.; Case No. 1:19-cv-01093
Our File No.: 21191.001

Dear Judge Cronan:
As you know, this firm represents Plaintiff Tanisia N. Baker (“Plaintiff”) in the abovereferenced matter. I write today in response to Your Honor’s Order of today, directing that Plaintiff
file an affidavit stating that all of the Defendants against whom a default is sought are not infants,
in the military, or incompetent persons, or in the alternative, request an adjournment of the hearing
currently scheduled for Monday, January 10, 2022.
To that end, I respectfully request a short adjournment of the hearing to allow me enough
time to properly file the affidavit.
We very much appreciate Your Honor’s time and attention to this matter.
The Court grants Plaintiff’s adjournment request. The default judgment hearing
scheduled for January 10, 2022, at 10:30 a.m. is adjourned until January 18,
Respectfully submitted,
2022, at 2:00 p.m. No later than January 14, 2022, Plaintiff must file (1) the
previously ordered affidavit pursuant to S.D.N.Y. Local Rule 55.1, attesting
“that the party against whom a notation of default is sought is not an infant, in /s/ Craig S. Tarasoff
the military, or an incompetent person,” S.D.N.Y & E.D.N.Y L. R. Civ. P.
55.1, see Dkt. 124; and (2) a detailed affidavit explaining service of process of
Craig S. Tarasoff
the summons and complaint on Ms. Stringer, including whether both the
summons and complaint were posted at her residence and whether the
summons and complaint were mailed to her by certified mail. At the January
18, 2022 default judgment hearing, Plaintiff should be prepared to discuss all
the requirements for entering default judgment, including (1) service of process
SO ORDERED.
on Ms. Stringer, (2) how the Court finding ambiguity in the 2003 agreement,
Date: January 9, 2022
see Dkt. 104 at 13, affects the Court's analysis to enter default judgment for
__________________________
New York, New York
each claim, and (3) Plaintiff's damages projections. At the scheduled time for
JOHN P. CRONAN
the teleconference, counsel for all parties should call [phone], access
United States District Court
code 9176261.
It is further ordered that Plaintiff serve the Defaulting Defendants via overnight courier with a copy of this Order by January 11, 2022. Within
two business days of service, Plaintiff must file proof of such service on the docket.
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