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Denisse Mira, Individually and On Behalf of All Others Similarly Situated v. Maximum Recovery Solutions

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 20, 2012

DENISSE MIRA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
MAXIMUM RECOVERY SOLUTIONS, INC., DEFENDANT.

The opinion of the court was delivered by: Spatt, District Judge.

MEMORANDUM OF DECISION AND ORDER

Presently before the Court is a motion for default judgment by the plaintiff, Denisse Mira. Pursuant to Local Rule 55.2(b), a party seeking a default judgment must first obtain a certificate of default from the Clerk of the Court. In this case, the plaintiff moved for an entry of default on July 20, 2011. At that time, a notation of default could not be entered because the defendant had filed an answer to the complaint.

On August 19, 2011, United States Magistrate Judge William D. Wall issued a Report and Recommendation, recommending that the Court strike the defendant's answer-which was not filed by an attorney in contravention of the law governing the appearance of corporations in federal court-and grant the plaintiff's motion for an entry of default. The Court adopted Judge Wall's Report on September 9, 2011, and directed the Clerk of the Court to strike the defendant's answer and to enter a default against the defendant. However, due to a clerical error, rather than a notation of default, a default judgment was entered against the defendant and the case was marked as closed.

As a result, it is hereby ORDERED, that the Clerk of the Court is direct to reopen this case, and it is further ORDERED, that the Clerk of the Court is directed to vacate the default judgment against the defendant, and it is further ORDERED, that the Clerk of the Court is directed to enter a notation of default against the defendant, and it is further ORDERED, that the plaintiff's motion for a default judgment is respectfully referred to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded, including reasonable attorney's fees and costs.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20120120

© 1992-2012 VersusLaw Inc.



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