Woodson v. Loram Maintenance of Way Inc.

Filing 15

ORDER directing the Clerk to file defendant's counsel's referenced letter and I treat it as a motion for leave to move (1) to vacate the entry of default and (2) to respond to plaintiffs motion for default judgment. Leave is hereby granted and defendant is given 30 days from entry of this order to enter an appearance in this action and move relative to the entry of default and plaintiff's motion for default judgment. Reply papers by plaintiff, if any, must be filed within 15 day s after the filing of defendant's papers. Copy of this decision has been mailed to Joseph W. Hammell, Esq., Dorsey & Whitney LLP, 50 South Sixth Street, Suite 1500, Minneapolis, Minnesota 55402-1498. Signed by Hon. David G. Larimer on 6/30/11. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
JOSEPH WOODSON,

Plaintiff,
DECISION AND ORDER
10-CV-6263L
v.
LORAM MAINTENANCE OF WAY, INC.,

Defendant.
________________________________________________
On May 13, 2010, plaintiff Joseph Woodson (“plaintiff”) commenced this action against
defendant Loram Maintenance of Way, Inc. (“defendant”), alleging race-based discrimination and
retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and
the New York Human Rights Law, N.Y. Exec. Law §290 et seq. (Dkt. #1). Defendant was served
with process via certified mail at its Minnesota facility on or about January 26, 2011 (Dkt. #8, #9),
but failed to appear, answer or otherwise move against the complaint. At the request of plaintiff,
entry of default was granted by the Clerk on April 21, 2011 (Dkt. #11). Thereafter, on June 8, 2011
(Dkt. #12), plaintiff moved for default judgment against defendant. That motion is now pending.
The Court has received a letter dated June 23, 2011, from an attorney purporting to represent
the defendant. In that letter, counsel asserts that plaintiff’s employment agreement limits plaintiff
to arbitration concerning any employment disputes and counsel urges plaintiff to dismiss this action
and proceed in arbitration.
Counsel also seeks an opportunity to move to vacate the entry of default and to respond to
plaintiff’s pending motion for default judgment.

I direct the Clerk to file defendant’s counsel’s referenced letter and I treat it as a motion for
leave to move (1) to vacate the entry of default and (2) to respond to plaintiff’s motion for default
judgment. Leave is hereby granted and defendant is given thirty (30) days from entry of this order
to enter an appearance in this action and move relative to the entry of default and plaintiff’s motion
for default judgment. Reply papers by plaintiff, if any, must be filed within fifteen (15) days after
the filing of defendant’s papers.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
June 30, 2011.

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