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Clement v. United Homes

September 16, 2010

RUTHLEONA CLEMENT, PLAINTIFF,
v.
UNITED HOMES, LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Roanne L. Mann United States Magistrate Judge

MEMORANDUM AND ORDER

ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE

Currently pending before this Court, on a referral from the Honorable Roslynn R. Mauskopf, is a motion for default judgment filed by pro se plaintiff Ruthleona Clement ("plaintiff"). Whatever the legal sufficiency of plaintiff's service of process on the defendants who have not yet appeared in this action, the Court has questions as to whether each of the defaulting defendants received actual notice of the pendency of this action. Among other things, the undersigned magistrate judge is aware, through a series of similar actions pending in this district, that a number of the defendants in question have retained counsel and are vigorously defending against similar claims brought by other plaintiffs. Under these circumstances, it is doubtful that these defendants would knowingly default in this case.

For that reason, and given the procedural posture and early stage of the case, as well as the judiciary's preference for resolution of cases on their merits, the Court concludes, in the interest of justice, that the defaulting defendants should be given a further opportunity to respond to the Complaint in this case. They shall therefore have until October 8, 2010, to enter their appearances and file responses to the Complaint.

In addition, in the hopes of facilitating the orderly presentation of the issues in this case, the Court provides pro se plaintiff Clement with the names of and contact information for the attorneys representing the plaintiffs in the aforementioned similar actions:

South Brooklyn Legal Services 105 Court Street - 3rd Floor Brooklyn, NY 11201

S Jennifer Light, Esq.

718-855-4189

Email: jlight@sbls.org

S Meghan Faux, Esq.

718-246-3276

Fax: 718-875-8546 Email: meghanf@sbls.lsny.org

S Rachel ...


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