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Gadre v. Hexanika Inc.

Default Judgment Held Inappropriate; Default Not Willful, Bid to Evade Service Not Shown

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OPINION AND ORDER Plaintiff filed the operative complaint in this matter on January 3, 2022, alleging violations of the New York City Freelance Isn’t Free Act, breach of contract, and promissory estoppel.¹ (ECF No. 2.) Pending before the Court is Plaintiff’s motion for default judgment (ECF No. 23) and Defendant’s opposition, which the Court construes as a motion to set aside an entry of default under Rule 55(c) of the Federal Rules of Civil Procedure. For the following reasons, Plaintiff’s motion for default judgment is denied. I. Background A. Substantive Claims The underlying dispute is simple: Plaintiff began working at Hexanika, Inc., a Delaware corporation, in January 2015 as a consultant and at some point was assigned the role of Chief Technology Officer. (ECF No. 2

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