Loadholt v. OrthoFeet, Inc.

S.D. New York

Loadholt v. OrthoFeet, Inc.

DecidedJuly 18, 2023

Docket1:22-cv-03977

StatusUnknown

This text of Loadholt v. OrthoFeet, Inc. (Loadholt v. OrthoFeet, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Loadholt v. OrthoFeet, Inc., (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER LOADHOLT, Plaintiff, 22-cv-3977 (ALC) -against- ORDER ORTHOFEST, INC., Defendant. ANDREW L. CARTER, JR., United States District Judge: The Court convened the July 11, 2023 status conference to address Defendant’s failure to answer or otherwise respond to the Complaint. After oral argument, the Court ruled that pursuant to the standards set forth under Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993), there was “good cause” to set aside an entry of default as to Defendant OrthoFeet, Inc. (“Othofest’”), and extended Defendant’s deadline to answer the Complaint to July 14, 2023. Defendant has yet again missed its deadline, and, to date, Defendant has not filed an answer to the Complaint. Accordingly, Plaintiff directed to seek a certificate of default as to Orthofest by July 25, 2023 and to file a motion for default judgment by August 15, 2023. So Ordered.

Dated: July 18, 2023 New York, New York ANDREW L. CARTER, JR. United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER LOADHOLT, Plaintiff, 22-cv-3977 (ALC) -against- ORDER ORTHOFEST, INC., Defendant. ANDREW L. CARTER, JR., United States District Judge: The Court convened the July 11, 2023 status conference to address Defendant’s failure to answer or otherwise respond to the Complaint. After oral argument, the Court ruled that pursuant to the standards set forth under Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993), there was “good cause” to set aside an entry of default as to Defendant OrthoFeet, Inc. (“Othofest’”), and extended Defendant’s deadline to answer the Complaint to July 14, 2023. Defendant has yet again missed its deadline, and, to date, Defendant has not filed an answer to the Complaint. Accordingly, Plaintiff directed to seek a certificate of default as to Orthofest by July 25, 2023 and to file a motion for default judgment by August 15, 2023. So Ordered.

Dated: July 18, 2023 New York, New York ANDREW L. CARTER, JR. United States District Judge

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Loadholt v. OrthoFeet, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/loadholt-v-orthofeet-inc-nysd-2023.

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