Brown et al v. Weber et al

Filing 42

ORDER denying 41 Motion for Entry of Default. The Court DENIES Def. Stevens Transport's motion without prejudice for failure to follow my Individual Practices. See Sec. 3.A.ii; Sec. 3.J., Attachment A. The Clerk of the Court is directed to terminate the motion on ECF No. 41. (Signed by Judge Nelson Stephen Roman on 8/1/2022) (ate)

Case 7:18-cv-09618-NSR Document 41 Filed 07/26/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------X
RASHA BROWN and LLOYD
WATSON,
Plaintiffs,

No. 18 Civ. 9618 (NSR)
REQUEST FOR
ENTRY OF DEFAULT

-againstTERENCE WEBER and STEVENS
TRANSPORT, INC.,
Defendants.
------------------------------------------------------X

08/01/2022

Defendant Stevens Transport, Inc. requests, under rule 55(a) of the Federal
Rules of Civil Procedure, that the clerk enter the default of Plaintiff Rasha Brown for her
failure to answer the counterclaim.
The counterclaim, which is included in the answer of Defendant Stevens
Transport, Inc., was served on Plaintiff Rasha Brown on June 28, 2022 when the answer
was filed using the court’s electronic filing system. See Fed. R. Civ. P. 5(b)(2)(E) (service
by electronic filing). Proof of service of the answer with the counterclaim is shown by the
electronic filing stamp on the answer (Docket No. 40).
Under rule 12(a)(1)(B) of the Federal Rules of Civil Procedure, Rasha Brown
had 21 days within which to serve her answer to the counterclaim, which period expired on
July 19, 2022 without Rasha Brown’s having served her answer.
Dated: New York, New York
July 26, 2022

Case 7:18-cv-09618-NSR Document 41 Filed 07/26/22 Page 2 of 3

__________________________________
Charles D. Cole, Jr.
Newman Myers Kreines Harris, P.C.
Attorneys for Defendant Stevens Transport,
Inc.
40 Wall Street
New York, New York 10005-1335
[phone]
[e-mail]

The Court DENIES Def. Stevens Transport's motion
without prejudice for failure to follow my Individual
Practices. See Sec. 3.A.ii; Sec. 3.J., Attachment A.
The Clerk of the Court is directed to terminate the
motion on ECF No. 41.
Dated: August 1, 2022
White Plains, NY

Case 7:18-cv-09618-NSR Document 41 Filed 07/26/22 Page 3 of 3

CERTIFICATE OF SERVICE
I certify that on July 26, 2022 the request of Stevens Transport, Inc. to enter
default was served on:
Justin Wyatt, Esq.
Wyatt Law Firm, P.C.
Attorneys for Plaintiffs Rasha Brown and
Lloyd Watson
49 West 37th Street, 7th Floor
New York, New York 10018
by filing it using CM/ECF.
Dated: July 26, 2022

Charles D. Cole, Jr.
Newman Myers Kreines Harris, P.C.
Attorneys for Defendant Steven Transport,
Inc.

Case 7:18-cv-09618-NSR Document 41-1 Filed 07/26/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------X
RASHA BROWN and LLOYD
WATSON,

No. 18 Civ. 9618 (NSR)

Plaintiffs,
-againstTERENCE WEBER and STEVENS
TRANSPORT, INC.,
Defendants.
------------------------------------------------------X
CLERK’S CERTIFICATE OF DEFAULT
I, RUBY J. KRAJICK, Clerk of the United States District Court for the
Southern District of New York, do hereby certify that the counterclaim against Rasha Brown
was served on June 28, 2022 with the filing of the answer of Stevens Transport, Inc. to the
complaint [Docket No. 40].
I further certify that the docket entries indicate that plaintiff Rasha Brown has
not filed an answer or otherwise moved with respect to the counterclaim. The default of
plaintiff Rasha Brown on the counterclaim is entered.
Dated: New York, New York
July __, 2022
RUBY J. KRAJICK
Clerk of Court
By:
Deputy Clerk