Opinion
18 Civ. 713 (LGS)
06-14-2021
ASHLEY D. CARNEY, Plaintiff, v. BOSTON MARKET, et al., Defendants.
ORDER
LORNA G SCHOFIELD, UNITED STATES DISTRICT JUDGE
WHEREAS, Defendant Boston Market has filed a motion for default judgment surrendering to complete relief in satisfaction of Plaintiff's claims (Dkt. No. 124).
WHEREAS, “where a defendant surrenders to complete relief in satisfaction of a plaintiff's claims, the district court may enter default judgment against the defendant -- even without the plaintiff's agreement thereto.” Radha Geismann, M.D., P.C. v. ZocDoc, Inc., 909 F.3d 534, 542 (2d Cir. 20 18) (internal quotation marks omitted), cert. denied, 139 S.Ct. 1605 (2019); accord Bais Yaakov of Spring Valley v. Educ. Testing Serv., No. 13 Civ. 4577, 2021 WL 323262, at *2-3 (S.D.N.Y. Feb. 1, 2021).
WHEREAS, once a district court enters judgment against a defendant, “the plaintiff's individual claims will become moot for purposes of Article III.” Tanasi v. New Alliance Bank, 786 F.3d 195, 200 (2d Cir. 2015), cert. denied, 136 S.Ct. 979 (2016); accord Bais Yaakov of Spring Valley, No. 13 Civ. 4577, 2021 WL 323262, at *8.
WHEREAS, Plaintiff's remaining claims are for, at most, $11.63 (Dkt. No. 123).
WHEREAS, Boston Market seeks an entry of judgment in favor of Plaintiff for $11.63.
WHEREAS, Plaintiff has not sought to oppose or otherwise contest entry of judgment. It is hereby
ORDERED that judgment is ENTERED in favor of Plaintiff and against Defendant Boston Market for $11.63.
The Clerk of Court is respectfully directed to terminate the motion at Dkt. No. 124 and to close the case.