Momentum Funding, LLC v. Nova Funding Corporation ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK : Case No. 23-cv-9392-JR MOMENTUM FUNDING, LLC, : Plaintiff, : Vv. : NOVA FUNDING CORPORATION AND : WELLWORTH LAWSUIT FUNDING LLC □ : d/b/a NOVA LEGAL FUNDING d/b/a ALLY: LAWSUIT LOANS, : Defendants. NOTICE OF MOTION FOR DEFAULT JUDGMENT PLEASE TAKE NOTICE THAT, in accordance with Federal Rule of Civil Procedure 55(b)(2) and Local Rule 55.2(b) Plaintiff Momentum Funding, LLC, by and through its undersigned counsel, moves for default judgment against Defendants Nova Funding Corporation and Wellworth Lawsuit Funding LLC d/b/a Nova Legal Funding d/b/a Ally Lawsuits Loans. Dated: New York, New York Respectfully Submitted, February 9, 2024 On consideration of the parties' arguments (ECFS Nos. 28, 34, 38), Defendants! motion for default judgment is DENIED, and the certificate of default (ECF No. 20) is VACATED. The Court finds that (1) Defendants' default was not willful; (2) Defendants have presented a potentially meritorious defense; (3) Plaintiff will By: i not suffer significant prejudice; and (4) there is a the strong Andrew Gerber preference for resolving cases on the merits weighing against : granting the default. See, e.g., SEC v. McNulty, 137 F.3d 732, Vanessa Sorrentino 738-41 (2d Cir. 1993). The Court excuses counsel's filing of 27 Union Square West, Suite 301 Defendants’ opposition two days prior to seeking pro hac vice New York, NY 10003 admission. See D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 108 (212) 882-1320 n.2 (2d Cir. 2006) ("A district court has broad discretion to andrew@kegfirm.c om determine whether to overlook a party’s failure to comply with kefi local rules." (quotation marks and citation omitted)). Defendants vanessa(@kgfirm.com shall respond to the complaint by March 15, 2024. The Clerk of Court is respectfully directed to terminate the motions at ECF Attorneys for Plaintiff Momentum Nos. 26 and 34. Funding, LLC SO ORDERED. Dated: March 1, 2024 New York, New York ‘ KB NNIFER L. ROCHON