Kersch v. FOXO Technologies Inc.
Filing
17
ORDER: For the reasons discussed above, Plaintiff's Motion for an Order to Show Cause, ECF No. 13, is hereby DENIED without prejudice. SO ORDERED. (Signed by Magistrate Judge Henry J Ricardo on 10/24/2024) (tg)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/24/2024
MITCHELL KERSCH,
Plaintiff(s),
ORDER
-v-
24-CV-5408 (AT) (HJR)
FOXO TECHNOLOGIES, INC.,
Defendant(s).
HENRY J. RICARDO, United States Magistrate Judge.
By Order of Reference dated October 16, 2024, Plaintiff’s Motion for Default
Judgment was referred to me. ECF No. 16. For the reasons stated below, Plaintiff’s
Motion for an Order to Show Cause, ECF No. 13, is DENIED without prejudice.
By Order dated September 27, 2024, Judge Torres directed Plaintiff to
initiate default judgment proceedings pursuant to Attachment A of her Individual
Practices in Civil Proceedings (“Default Judgment Procedure”). ECF No. 12. The
Default Judgment Procedure requires the party initiating default judgment
proceedings to submit (1) “a proposed order to show cause for default judgment,” (2)
“an affidavit or declaration signed by someone with personal knowledge (i.e., not the
attorney in the action except in limited circumstances), which sets forth a statement
of proposed damages and the basis for each element of damages, including a stepby-step explanation of each calculation,” and (3) “an affidavit or declaration in
support of the order.”
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?