Judge J. Paul Oetken
Jimenez reported to New York city police that former boyfriend De Santis stalked and harassed her. De Santis was arrested and arraigned on charges that were later dismissed. De Santis sued Jimenez, New York City and others (the City Defendants) for malicious prosecution, false arrest and imprisonment, and intentional infliction of emotional distress. His claims against the City Defendants were dismissed. Default judgment was entered against Jimenez on Dec. 18, 2012. At issue was whether De Santis should obtain default judgment and recover damages against Jimenez even though his tort claims against Jimenez were time-barred, because Jimenez did not appear and assert a statute of limitations defense. Finding an absolute statute of limitations defense to each of De Santis’ claims against Jimenez, district court vacated the default judgment against Jimenez and dismissed De Santis’ claims against her as barred by the applicable statutes of limitations. The court noted that De Santis had won a default judgment entitling him to force Jimenez to incur the cost of defending against a clearly time-barred lawsuit. Such a judgment not only burdened Jimenez, but also burdens the legal system and fails to serve the interest of justice.
