Garcha v. New York City et al

Filing 22

ORDER denying 18 Motion for Default Judgment. The Court is in receipt of Plaintiff's motion for default judgment and for an inquest (see Dkt. No. 18). Though the Court acknowledges that Defendants' response to the Complaint was un timely (see Dkt. No. 14), granting Plaintiff's motion for default judgment is unwarranted at present. Defendants appear to have shown excusable neglect for their late filing; Plaintiff has not shown prejudice as a result of the brief delay, a nd any "default" does not appear to have been willful. Plaintiff's motion for Default Judgment is denied, and the Clerk of Court is directed to close the motion at Docket No. 18. Plaintiff is hereby directed to respond to the merits of Defendant's Motion to Dismiss at Docket No. 14. Plaintiff shall submit his response on or by February 20, 2023. (Signed by Judge J. Paul Oetken on 1/17/2023) (ate)

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Case 1:22-cv-00637-JPO Document 22 Filed 01/17/23 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARSHDEEP GARCHA, Plaintiff, -vNEW YORK CITY et al., 22-CV-637 (JPO) ORDER Defendants. J. PAUL OETKEN, District Judge: The Court is in receipt of Plaintiff’s motion for default judgment and for an inquest (see Dkt. No. 18). Though the Court acknowledges that Defendants’ response to the Complaint was untimely (see Dkt. No. 14), granting Plaintiff’s motion for default judgment is unwarranted at present. Defendants appear to have shown excusable neglect for their late filing; Plaintiff has not shown prejudice as a result of the brief delay, and any “default” does not appear to have been willful. Plaintiff’s motion for Default Judgment is denied, and the Clerk of Court is directed to close the motion at Docket No. 18. Plaintiff is hereby directed to respond to the merits of Defendant’s Motion to Dismiss at Docket No. 14. Plaintiff shall submit his response on or by February 20, 2023. SO ORDERED. Dated: January 17, 2023 New York, New York ____________________________________ J. PAUL OETKEN United States District Judge

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