Peleus Insurance Company v. Titan Construction Services, LLC et al.

Filing 26

ORDER with respect to 24 Motion for Default Judgment. Accordingly, if Plaintiff still intends to seek default judgment against Defendant Marcos Ismael Mena Najera, they are directed to file an order to show cause in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than January 18, 2022. If Plaintiff fails to do so or otherwise demonstrate that they intend to prosecute this litigation against Defendant, I may dismiss those claims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED.. (Signed by Judge Vernon S. Broderick on 1/10/2022) (kv)

Case 1:21-cv-07764-VSB Document 26 Filed 01/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------X
:
PELEUS INSURANCE COMPANY,
:
:
Plaintiff,
:
:
-against:
:
TITAN CONSTRUCTION SERVICES, LLC, :
et al.,
:
Defendant. :
:
--------------------------------------------------------- X

21-CV-7764 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
I am in receipt of Plaintiff’s motion for default judgment and supporting papers. (Doc.
24.) Plaintiff filed this action on September 16, 2021, (Doc. 1), and filed an affidavit of service
on November 11, 2021, (Doc. 13). The deadline for Defendant Marcos Ismael Mena Najera to
respond to Plaintiff’s complaint was October 28, 2021. (See Doc. 13.) On December 27, 2021, I
directed Plaintiff that if they intended to seek a default judgment against Defendant Marcos
Ismael Mena Najera, they must do so in accordance with Rule 4(H) of my Individual Rules and
Practices in Civil Cases by no later than January 3, 2022, or risk dismissal of the case for failure
to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Doc. 19.) On January 3, 2022,
Plaintiff obtained a certificate of default against Defendant Marcos Ismael Mena Najera and filed
a motion for default judgment with the supporting papers. (Docs. 23–24.) However, Plaintiff
did not file an order to show cause pursuant to Rule 4(H) of my Individual Rules and Practices in
Civil Cases and Attachment A. Accordingly, if Plaintiff still intends to seek default judgment
against Defendant Marcos Ismael Mena Najera, they are directed to file an order to show cause
in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later
than January 18, 2022. If Plaintiff fails to do so or otherwise demonstrate that they intend to

Case 1:21-cv-07764-VSB Document 26 Filed 01/10/22 Page 2 of 2

prosecute this litigation against Defendant, I may dismiss those claims for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.
Dated:

January 10, 2022
New York, New York

________________________________
VERNON S. BRODERICK
United States District Judge