Cengage Learning, Inc. et al v. Doe 1 et al

Filing 143

ORDER re: 104 Clerk's Certificate of Default. The Plaintiffs sought a Default Judgment against Defendant Michael McEvilley. However, the Certificate of Default, ECF No. 104, is defective in that it fails to note that the Defendant did no t respond to the Summons and Complaint and recite that the Default of the Defendant is hereby noted. The current application for an Order to Show Cause is denied. The Plaintiffs are directed to submit a new Order to Show Cause for a Default Judgment accompanied by a proper Certificate of Default. SO ORDERED. (Signed by Judge John G. Koeltl on 8/18/2021) (kv)

Case 1:20-cv-00769-JGK-SDA Document 143 Filed 08/18/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
CENGAGE LEARNING, INC. et al.
20-cv-769 (JGK)
Plaintiffs,
ORDER
- against –
TRUNG KIEN NGUYEN et al.
Defendants.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The Plaintiffs sought a Default Judgment against Defendant
Michael McEvilley. However, the Certificate of Default, ECF No.
104, is defective in that it fails to note that the Defendant did
not respond to the Summons and Complaint and recite that the
Default of the Defendant is hereby noted.
The current application for an Order to Show Cause is denied.
The Plaintiffs are directed to submit a new Order to Show Cause
for a Default Judgment accompanied by a proper Certificate of
Default.
SO ORDERED.
Dated:

New York, New York
August 18, 2021
/s/ John G. Koeltl__________
John G. Koeltl
United States District Judge