Katz v. Safe Haven Recovery House, LLC ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELANA KATZ, as administratrix of the Estate of Natanel J. Katz, Plaintiffs, No. 21-CV-8749 (KMK) v. ORDER SAFE HAVEN RECOVERY HOUSE, LLC and PAUL D. CONROY, Defendants. KENNETH M. KARAS, District Judge: Plaintiff Elana Katz (“Plaintiff”) brings this Action in her capacity as administratrix of the estate of Natanel J. Katz (“Mr. Katz”), alleging various torts arising out of Mr. Katz’s wrongful death while a resident at Safe Haven Recovery House, LLC, a drug treatment facility owned and operated by Paul D. Conroy (together with Safe Haven Recovery House, LLC, “Defendants”). (See generally Compl. (Dkt. No. 7).) On March 8, 2022, Plaintiff filed a letter with the Court, advising the Court that Defendants’ counsel had agreed to accept service on Defendants’ behalf, but that the entry of default would likely be necessary given Defendants’ lack of insurance coverage. (See Dkt. No. 11.) Accordingly, the Court instructed Plaintiff to make an application for default by March 22, 2022. (See Dkt. No. 12.) On March 22, 2022, Plaintiff filed a Proposed Clerk’s Certificate of Default, (see Dkt. No. 15), (which the Clerk of Court entered later that day, (see Dkt. No. 17)), and a short affirmation attesting to the fact that Defendants had not answered or otherwise moved against the Complaint, (see Dkt. No. 16), but to date has failed to properly apply for the entry of default judgment against Defendants, (see generally Dkt.). Plaintiff shall apply for the entry of default judgment against Defendants in accordance with the Court’s Individual Rules of Practice for Default Judgment Proceedings by no later than April 20, 2022, or risk dismissal of this Action for failure to prosecute. See, e.g., Rios v. Zion Farm LLC, No. 19-CV-4363, 2021 WL 2383026, at *1 (S.D.N.Y. June 9, 2021) (dismissing case for failure to prosecute where “[the] [p]laintiff was directed to move for a default judgment . . . or show cause why th[e] action should not be dismissed . . . for failure to prosecute” and “[the] [p]laintiff [took] no action”). SO ORDERED. Dated: April 5, 2022 White Plains, New York KENNETH M. KARAS United States District Judge