Couto v. American Express Company

Filing 15

MEMO ENDORSEMENT denying 13 Motion for Default Judgment. ENDORSEMENT: Application DENIED. Plaintiff has not obtained a certificate of default from the Clerk of Court's office, as is required by the Court's Individual Rules and Local Civ il Rule 55.2(b). Nor could Plaintiff obtain such a certificate, as Defendant has appeared in this action and filed a pre-motion letter seeking leave to file a motion to dismiss this action. (Dkt. #11). Plaintiff is reminded that the Court has schedul ed a telephonic pre-motion conference on March 5, 2024, and ordered Plaintiff to file a response to Defendant's pre-motion letter, not to exceed three pages, on or before February 29, 2024. (Dkt. #12). The Clerk of Court is directed to terminate the pending motion at docket entry 13, and to mail a copy of this endorsement to Plaintiff at his address of record.. (Signed by Judge Katherine Polk Failla on 1/23/2024) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT of NEW YORK

MEMO ENDORSED

YURI COUTO,
an individual,

-againstAMERICAN EXPRESS COMPANY,
a New York corporation.

Case 1:23-CV-10085-KPF

Motion for Default
Judgment

Plaintiff hereby moves before the Honorable Judge Failla of United States District Court for the
Southern District of New York, for entry of Defendant’s Default and Default Judgment granting
Plaintiff’s relief or that relief which the honorable Judge finds, in her wisdom, to be equitable
and just given the facts of law and circumstances at hand, pursuant to the supplemental
Memorandum Affidavit in Support of Plaintiff’s Motion for Default Judgment.

Respectfully submitted,
/s/ Couto, Yuri-Jacintho, agent and bene. without prejudice Date: January 21, 2024
YURI J COUTO, Principal
c/o 9302 N 28th St
Tampa, Florida [33612]
Hillsborough County
813-846-2395
[e-mail]
Couto v. American Express Company

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CERTIFICATE OF SERVICE AND NOTICE OF SETTLEMENT AMOUNT
I declare under penalty of perjury under the laws of the United States of America that this
document has been served upon the Defendant as required by the FRCP. Service to
Defendant is made by court e-noticing and mailing of motion documents to Defendant’s
address (200 Vesey St, New York, New York 10285).

1/21/2024

/s/ Couto, Yuri-Jacintho, Agent without prejudice

Dated

Plaintiff’s Signature
YURI J COUTO
c/o 9302 N 28th St, Tampa, Florida [33612], Hillsborough County
813-846-2395
[e-mail]

Application DENIED. Plaintiff has not obtained a certificate of default from
the Clerk of Court's office, as is required by the Court's Individual Rules and
Local Civil Rule 55.2(b). Nor could Plaintiff obtain such a certificate, as
Defendant has appeared in this action and filed a pre-motion letter seeking
leave to file a motion to dismiss this action. (Dkt. #11).
Plaintiff is reminded that the Court has scheduled a telephonic pre-motion
conference on March 5, 2024, and ordered Plaintiff to file a response to
Defendant's pre-motion letter, not to exceed three pages, on or before
February 29, 2024. (Dkt. #12).
The Clerk of Court is directed to terminate the pending motion at docket
entry 13, and to mail a copy of this endorsement to Plaintiff at his address of
record.
Dated:

January 23, 2024
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE
Couto v. American Express Company

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