Yang v. RXHOME NYC LLC

Filing 13

ORDER: On October 25, 2022, the Clerk of Court entered a certificate of default in this case against the Defendant. (Dkt. #12). Accordingly, Plaintiff is ORDERED to submit a proposed order to show cause without emergency relief and supporting pape rs for a default judgment, in line with the Court's Individual Rules of Practice. Plaintiff shall submit its proposed order and supporting papers by December 2, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/18/2022) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STEPHEN YANG,
Plaintiff,
-v.-

22 Civ. 7816 (KPF)
ORDER

RXHOME NYC LLC,
Defendant.
KATHERINE POLK FAILLA, District Judge:

On October 25, 2022, the Clerk of Court entered a certificate of default
in this case against the Defendant. (Dkt. #12). Accordingly, Plaintiff is
ORDERED to submit a proposed order to show cause without emergency relief
and supporting papers for a default judgment, in line with the Court’s
Individual Rules of Practice. Plaintiff shall submit its proposed order and
supporting papers by December 2, 2022.
SO ORDERED.
Dated: November 18, 2022
New York, New York
KATHERINE POLK FAILLA
United States District Judge

ATTACHMENT A
DEFAULT JUDGMENT PROCEDURE
1.

Obtain a Certificate of Default from the Clerk’s Office for each defaulting
party stating that no answer or response has been filed, and in
accordance with the SDNY Electronic Case Filing Rules & Instructions,
available at https://nysd.uscourts.gov/electronic-case-filing.

2.

After the Clerk’s Office enters a signed Clerk’s Certificate of Default on
the docket, electronically file on ECF a proposed Order to Show Cause
Without Emergency Relief using the filing event found under PROPOSED
ORDERS.
a. The Proposed Order to Show Cause for default judgment is to be made
returnable before Judge Failla in Courtroom 618. Leave blank the
date and time of the conference. Judge Failla will set the date and
time when she signs the Order.

3.

Electronically file on ECF, as separate ECF filing events, the following
supporting papers with the Proposed Order to Show Cause.
a.

An attorney’s affidavit setting forth:
i.

the basis for entering a default judgment, including a
description of the method and date of service of the Summons
and Complaint (include as attachments copies of all pleadings
and the affidavit of service of the Summons and Complaint);

ii.

the procedural history beyond service of the Summons and
Complaint, if any; and

iii.

whether, if the default is applicable to fewer than all of the
defendants, the Court may appropriately order a default
judgment on the issue of damages prior to resolution of the
entire action.

b.

A statement setting forth the proposed damages and the basis for
each element of damages, including interest, attorney’s fees, and
costs (unless requesting an inquest). If not requesting an inquest,
include the legal authority for why an inquest into damages would
be unnecessary.

c.

A proposed default judgment.

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Revised: March 2, 2021
4.

Once electronically filed, a courtesy copy of the Proposed Order to Show
Cause and the supporting papers must also be provided to Chambers via
e-mail.

5.

After the Judge signs the Order, and it is electronically filed on ECF,
serve a conformed copy of the Order and supporting papers on the
defendant.

6.

Prior to the return date, file an affidavit of service, reflecting that the
defendant was served with the Order to Show Cause and supporting
papers, via ECF.

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