Searcy v. The City Of New York , et al, No. 1:2018cv08488 - Document 27 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER re: 21 MOTION for Default Judgment as to . filed by Ikida Searcy. The certificate of default is vacated, (Dkt. No. 13), and the motion for default judgment is denied, (Dkt. No. 21). Defendant Garcia's request for an extension of time to answer the complaint is granted. The defendant may answer the complaint by January 13, 2019.SO ORDERED., (Isidore Garcia answer due 1/31/2019.) (Signed by Judge John G. Koeltl on 12/13/18) (yv)

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Searcy v. The City Of New York , et al Doc. 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK !KIDA SEARCY, 18cv8488 (JGK) Plaintiff, MEMORANDUM OPINION AND ORDER - against THE CITY OF NEW YORK et al., II ''I""',, 1•1'. \I -- _.. _,,. • ·, ;.,. :. • I;) .JL 1 ' "~ ·nnc: F 11~- '"' Defendants. , I i!ELf.C'.:~C' J1r.t' " ' 1 r_ ' .'DCC:.': ~· '· !i~_:~:c~ ,"!~~u~ ~-/j_(i)O_oi'f JOHN G. KOELTL, District Judge: On October 30, 2018, the plaintiff obta:Li1-ed default against defendant Isidore Garcia. a certJ:fI'cate-or - By letter dated November 7, 2018, defendant Garci11 requested that the Court vacate the certificate of default and grant an extension of time to file an answer to the complaint. Defe11dant Garcia advises that he believed that his union was going to provide counsel to represent him in this action, and only rece11tly discovered that such representation will not be providEld. Defendant Garcia will now be proceeding pro se. u[A]s a general rule a distr:.ct court should grant a default judgment sparingly and grant leav1: to set aside the entry of default freely when the defaulting party is appearing pro se." Enron Oil Corp. v. Diakuhara, 10 l'.3d 90, 96 (2d Cir. 1993). Therefore, the certificate of defc1ult is vacated, and the motion for default judgment is denied, (Dkt. No. 13), (Dkt. No. 21). Dockets.Justia.com Defendant Garcia's request for an extension of time to answer the complaint is granted. The defendant may answer the complaint by January 13, 2019. SO ORDERED. Dated: New York, New York December 13, 2018 (~bf~ 2

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