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Diedhiou v. Republic of Sen.

United States District Court, S.D. New York
Jan 18, 2021
20 Civ. 5685 (ER) (S.D.N.Y. Jan. 18, 2021)

Opinion

20 Civ. 5685 (ER)

01-18-2021

PAPE M. DIEDHIOU, Plaintiff, v. THE REPUBLIC OF SENEGAL, and TERANGA, LLC, Defendants.


ORDER

EDGARDO RAMOS, U.S.D.J.

On December 25, 2020, Plaintif fled a request for a proposed Clerk's certifcate of default against Senegal. Doc. 13. Te request was denied, and Plaintif moved to reconsider the denial. Doc. 14. Te Court granted Plaintif's motion on January 15, 2021, and the Clerk issued its certifcate of default. Docs. 18, 19. Later that day, Senegal fled a letter seeking a pre-motion conference in anticipation of fling a motion to vacate the clerk's certifcate of default. Doc. 20.

Under Rule 55(c), a court considering a request to set aside a certifcate of default must consider (1) whether the default was willful; (2) whether setting it aside would prejudice the opposing party; and (3) whether a meritorious defense is presented. Meehan v. Snow, 652 F.2d 274, 277 (2d Cir. 1981). Te Rule 55(c) standard is less rigorous than one to set aside a judgment under Rule 60(b). Id. at 276. Courts in this Circuit have expressed a “strong preference for resolving disputes on the merits.” See New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005) (internal quotation marks and citation omitted). Default judgments are “especially” disfavored against foreign sovereigns. See First Fidelity Bank, N.A. v. Gov't of Antigua & Barbuda-Permanent Mission, 877 F.2d 189, 196 (2d Cir. 1989).

In support of its request, Senegal argues that (1) the service package was not delivered to the new Minister of Foreign Afairs due to a mailroom error; (2) Senegal intends to assert defenses based on the statute of frauds and statute of limitations, and on the basis that quasi-contract relief is not available; and that (3) after fling a notice of appearance, Counsel for Senegal attempted in good faith to negotiate an extension of time to respond to the Complaint. See Doc. 20 at 1-3. Moreover, because Senegal fled its request for a pre-motion conference to vacate the certifcate of default the same day that the certifcate was issued (and before any Order to Show Cause was issued) it is also unlikely that Plaintif will be signifcantly prejudiced by the vacatur of the certifcate.

Given this Circuit's preference for resolving disputes on the merits, Senegal's explanation for its initial delay in appearing in this case and prompt efort to seek vacatur, and the early posture of this case, the Court hereby GRANTS Senegal's motion to vacate the Clerk's certifcate of default. Te Clerk of Court is respectfully instructed to vacate the certifcate of default. Te parties are instructed to confer and jointly stipulate to a date by which Senegal must answer, move, otherwise respond to the Complaint. Such stipulation must be fled with the Court by no later than January 22, 2021.

The request for a pre-motion conference is denied as moot.

It is SO ORDERED.


Summaries of

Diedhiou v. Republic of Sen.

United States District Court, S.D. New York
Jan 18, 2021
20 Civ. 5685 (ER) (S.D.N.Y. Jan. 18, 2021)
Case details for

Diedhiou v. Republic of Sen.

Case Details

Full title:PAPE M. DIEDHIOU, Plaintiff, v. THE REPUBLIC OF SENEGAL, and TERANGA, LLC…

Court:United States District Court, S.D. New York

Date published: Jan 18, 2021

Citations

20 Civ. 5685 (ER) (S.D.N.Y. Jan. 18, 2021)