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)

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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

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