Plaintiff Is Ordered to Show Cause Why It Hasn’t Moved for Default Judgment vs. Northwell
U.S. District Judge William Dimitrouleas for Southern Florida in West Palm Beach ordered plaintiff Kawa Orthodontics by Dec. 22 to either move for default judgment against defendant Northwell Health Labs or show cause why it hasn’t done so, said the…
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judge’s signed order Friday (docket 9:23-cv-81424). Failure to comply may result in immediate dismissal of the case without prejudice for lack of prosecution, said the order. A clerk’s entry of default was entered Dec. 4 against Northwell for failing to file a responsive pleading by the Nov. 17 deadline to Kawa’s Oct. 26 Telephone Consumer Protection Act class action (see 2312050034). Kawa filed its TCPA lawsuit to challenge the practice of Northwell and three of its subsidiaries of sending unsolicited fax advertisements promoting their lab services to unhappy recipients (see 2310270005).