Opinion
21-21346-CIV-WILLIAMS
03-01-2022
NIRVA BOURSIQUOT, Plaintiff, v. JCK LEGACY SHARED SERVICES, INC., Defendant.
ORDER
KATHLEEN M. WILLIAMS UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on United States Magistrate Judge Chris M. McAliley's Report and Recommendation (“ the Report ”) (DE 12) regarding Plaintiff Nirva Boursiquot's (“ Plaintiff ”) Motion for Default Judgment (“ Motion for Default ”). (DE 8.) In the Report, Judge McAliley recommends that the Court deny Plaintiff's Motion for Default and set aside the Clerk of Court's Entry of Default. (DE 7.) Plaintiff filed objections to the Report. (DE 13.)
On April 7, 2021, Plaintiff initiated this employment discrimination case against Defendant JCK Legacy Shared Services, Inc. (“ Defendant ”). (DE 1.) On April 30, 2021, Plaintiff filed proof of service, reflecting service of the summons and a copy of the Complaint on April 26, 2021, making Defendant's response or answer to the Complaint due on or before May 17, 2021. (DE 5.) On June 14, 2021, the Court entered the Paperless Order Directing the Clerk of Court to Enter Default, noting that Defendant “ha[d] not appeared or filed a responsive pleading to the Complaint” on or before May 17, 2021. (DE 6.) After the Clerk entered default on June 15, 2021 (DE 7), Plaintiff filed the instant Motion for Default on July 14, 2021 (DE 8), which was referred to Judge McAliley for a report and recommendation. (DE 9.) Defendant later responded in opposition to Plaintiff's Motion for Default. (DE 10.) In the Report, Judge McAliley determined that Defendant: (1) asserted a meritorious defense in response to default (Plaintiff's failure to file a claim in the United States Bankruptcy Court for the Southern District of New York, where Defendant had filed 1 a petition for bankruptcy protection and Plaintiff was served as a potential creditor); (2) did not culpably or willfully default; and (3) acted promptly to correct the default by responding to Plaintiffs Motion for Default with a memorandum and 151 pages of supporting exhibits. (DE 12 at 4-5.) Judge McAliley also concluded that Plaintiff would not be prejudiced by setting aside default, because “Plaintiff has not made any showing of prejudice and did not file a response to the request to set aside the default[] . . . .” (Id. at 6.)
Upon an independent review of the Report, the record, and applicable case law, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 12) are AFFIRMED AND ADOPTED.
2. Plaintiffs Motion for Default (DE 8) is DENIED.
3. The Clerk of Court's Entry of Default (DE 7) is VACATED.
4. Defendant shall file a response or answer to Plaintiffs Complaint (DE 1) on or before MARCH 31, 2022.
DONE AND ORDERED 2