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This is an action for breach of contract and copyright infringement brought in connection with a licensing agreement between the parties covering certain musical compositions. Plaintiffs filed their action on March 7, 2001. Defendants subsequently failed to answer the complaint. On May 17, 2001 this Court entered a default against the individual Defendant, Patricia Rankin. In entering the default the Court relied on an affidavit of service sworn to by Joseph Hackett, a process server, on March 14, 2001. In this affidavit Hackett recited the steps he took to serve copies of the summons and complaint on Rankin. Specifically, Hackett averred that on March 9, 2001 he served a copy of the summons and complaint on a doorman working at Rankin’s residence, 80 Central Park West, New York, NY. In addition, Hackett stated that, consistent with the New York rules regulating substituted service, he mailed a copy of the summons and order to Rankin at her residence on March 14, 2001.

With the default, the Court made an Order of Reference to Magistrate Judge Francis to conduct an inquest on damages. During the discovery process counsel for Plaintiffs applied to Judge Francis by a letter dated September 4, 2001 for an order to compel Rankin to produce certain documents. Judge Francis made that order. Upon notice of the order, Rankin appealed to Judge Francis in a letter dated September 10, 2001 for an extension to comply with the order. In this letter Rankin explained that she was not able to afford legal counsel. She also denied having received notice of the lawsuit against her. Judge Francis granted Rankin’s request on the same day it was made, providing her with leave until September 28, 2001 to produce the requested documents.

 
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