Childress v. Federal Check Processing, Inc et al

Filing 29

DECISION AND ORDER DENYING Plaintiff's 28 Motion for Default Judgment; FURTHER, Plaintiff is DIRECTED to file an appropriate request for entry of default against Trinity Acquisition Group by 4/18/2014 and an appropriate Motion for Default Judgment as to both Defendants within 30 days of the entry of default by the Clerk of this Court. Failure to do so will result in dismissal of the Amended Complaint. Signed by William M. Skretny, Chief Judge U.S.D.C. on 4/7/2014. (CMD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TENISHA CHILDRESS,
Plaintiff,
v.

DECISION AND ORDER
12-CV-630S

FEDERAL CHECK PROCESSING, INC., and
TRINITY ACQUISITION GROUP INC.,
Defendants.

1.

Plaintiff commenced this action against Defendants Federal Check

Processing, Inc., and Debt Management Partners, LLC on July 8, 2012. Plaintiff filed a
voluntary dismissal of all claims against Defendant Debt Management Partners on
September 28, 2012. Plaintiff was then granted leave and filed an Amended Complaint
adding Trinity Acquisition Group Inc. as a Defendant on November 5, 2012. Following
Plaintiff’s request, the Clerk of this Court entered a default against only Defendant Federal
Check Processing on October 25, 2013. Plaintiff was subsequently directed by the
Honorable H. Kenneth Schroeder, Jr., to file a notice of entry of default against Defendant
Trinity Acquisition Group and then file a motion seeking a default judgment as against both
Defendants.
2.

Presently before this Court is Plaintiff’s motion for an entry of a default

judgment against “Federal Check Processing, Inc. & Debt Management Partners, LLC
pursuant to Federal Rule of Civil Procedure 55(b).” (Docket No. 28 at 1 (capitalization
altered).) As noted, the original complaint was voluntarily dismissed against Debt
Management Partners. Further, counsel’s supporting affidavit relies upon the original

complaint served upon Defendants Federal Check Processing and Debt Management
Partners on July 30, 2012, which has since been superseded. See Shields v. Citytrust
Bancorp, 25 F.3d 1124, 1128 (2d Cir. 1994) (the filing of an amended complaint generally
renders the original of no legal effect). Counsel also erroneously states that the default of
both “defendants was entered on October 25, 2013,” when Plaintiff never complied with
the Magistrate Judge’s direction to request an entry of default against Defendant Trinity
Acquisition Group. Plaintiff’s mo7tion for a default judgment against any defendant is
therefore DENIED. Plaintiff is directed to file an appropriate request for an entry of default
against Trinity Acquisition Group by April 18, 2014 and an appropriate motion for a default
judgment against both Defendants within 30 days of that entry of default by the Clerk of
this Court. Failure to do so will result in dismissal of the Amended Complaint with
prejudice.
SO ORDERED.
Dated: April 7, 2014
Buffalo, New York
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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