Upon review of the parties' submissions regarding HCMM, Inc. In evaluating whether a party has shown good cause to vacate an entry of default, the following factors should be considered: "(1) the willfulness of default, (2) the existence of any meritorious defenses, and (3) prejudice to the non-defaulting party." Id. Motion to Vacate Entry of Default Pursuant to Federal Rule of Civil Procedure 55(c), a court "may set aside an entry of default for good cause." Whether to vacate an entry of default is left to the discretion of the district court. To date, no appearance has been made on behalf of the LLC or Robert Popkey. 31.4 All motions were considered on submit without oral argument. On June 14, 2013, counsel for John Morris made an appearance and, approximately one week later, requested a conference before the Magistrate Judge to discuss filing a motion to vacate the entry of default. and Patrick Maguire filed opposition to plaintiff's motion. Patrick Maguire Robert Popkey and John Morris. On June 7, 2013, plaintiff filed a motion for default judgment against the LLC HCMM, Inc. 2- and filed a motion to vacate the entry of default as it relates to those two defendants. He filed a motion to dismiss that has been resolved by Memorandum Decision and Order filed separately on this date.
David popkey pro#
3 The remaining defendant, David Pineda, has appeared pro se. The Title VII claims are only brought against the business entities the LLC Huntington Copper, Moody, Maguire and HCMM, Inc. 2 All causes of action, except the Title VII claims, are asserted against all defendants. and Patrick Maguire made an appearance 1 Plaintiff has not served this defendant and believes it is the same entity as HCMM, Inc. On May 9, 2013, the Clerk of the Court made an entry of default against these five defendants, all of whom had failed to appear in this action.3 ECF No. The LLC received service on January 9, 2013. Robert Popkey and John Morris were served on December 14, 2012. and Patrick Maguire were served with a copy of the summons and complaint on December 7, 2012. She specifically asserts the following nine causes of action: (1) sex discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") (2) sex discrimination in violation of New York Human Rights Law ("NYHRL") (3) retaliation in violation of Title VII (4) retaliation in violation of NYHRL (5) a violation of the federal Equal Pay Act of 1963 (6) a violation of the New York Equal Pay Act (7) a violation of the Fair Labor Standards Act of 1938 ("FLSA") (8) a violation of New York Labor Law ("NYLL") and (9) intentional infliction of emotional distress.2 HCMM, Inc. Patrick Maguire David Pineda Robert Popkey and John Morris alleging sex discrimination and retaliation. INTRODUCTION Plaintiff Billie Curry ("plaintiff" or "Curry") filed this action on November 9, 2012, against defendants Huntington Copper, LLC ("the LLC") Huntington Copper, Moody, Maguire1 HCMM, Inc. HURD United States District Judge GARY J. Attorneys for Defendant John Morris 2956 Union Road Cheektowaga, NY 14227 DAVID N. DAVID PINEDA, pro se 11555 Heron Bay Boulevard, Suite 200 Coral Springs, FL 33076 WOJTAN, VALLONE & MELIN, P.C. and Patrick Maguire 2175 Riverside Drive Columbus, OH 43221 REX H. COOPER & ELLIOTT, LLC Attorneys for Defendants HCMM, Inc. APPEARANCES: OF COUNSEL: LEVINE & BLIT, PLLC Attorneys for Plaintiff 499 South Warren Street, Suite 500B Syracuse, NY 13202 LEWIS G. PATRICK MAGUIRE, Individually DAVID PINEDA, Individually ROBERT POPKEY, Individually and JOHN MORRIS, Individually, Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -BILLIE CURRY, Plaintiff, -v- 1:12-CV-1673 HUNTINGTON COPPER, LLC HUNTINGTON COPPER, MOODY, MAGUIRE HCMM, INC. and Patrick Maguire shall file an answer to the complaint on or before Januand Defendant John Morris's request to file additional paperwork regarding his motion to vacate the entry of default 31 is DENIED.
and Patrick Magu ire Defendants HCMM, Inc. and Patrick Maguire Plaintiff 's motion for default judgment 27 is GRANTED in part and DENIED in part The Clerk of the Court is directed to enter default judgment in favor of plaintiff on the issue of liability against defendants Huntington Copper, LLC (on all causes of a ction) Robert Popkey (on all but the First and Third Causes of Action) and John Morris (on all but the First and Third Causes of Action) Plaintiff's motion for default judgment is DENIED as it relates to defendants HCMM, Inc. and Patrick Maquire's motion to vacate the entry of default 23 is GRANTED The entry of default is VACATED to the extent it entered default against defendants HCMM, Inc.
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