Phoenix Fashion, Inc. v. Saadia Group LLC

Background

Phoenix Fashion, Inc. moved under Federal Rule of Appellate Procedure 10(b)(3)(C) for an order directing defendant-appellant Yakoub N. Saadia—also identified in the opinion by several other names—to order transcripts for inclusion in the appellate record. The requested transcripts covered a September 16, 2024 case-management conference and an October 9, 2024 telephone conference concerning Phoenix Fashion’s motion for a default judgment.

Saadia was appealing a default judgment that the court entered on December 3, 2024. At the September hearing, the court considered Saadia’s motion to vacate, or cancel, the entry of default. The court concluded that Saadia’s default was not willful, but also ruled that he lacked a meritorious defense to most of the damages sought and had prejudiced Phoenix Fashion by repeatedly delaying the action. The court therefore ordered that the default could be vacated only if a bond was posted. At the October hearing, the court heard from the parties before issuing an order holding that Phoenix Fashion was entitled to a default judgment.

Court’s Reasoning

The court found that the September and October proceedings included arguments relevant to its decision to enter the default judgment. It concluded that the transcripts were necessary to permit meaningful appellate review of that decision.

Disposition

The court granted Phoenix Fashion’s motion directing that the two transcripts be added to the appellate record. It denied Phoenix Fashion’s request for attorney’s fees for bringing the motion and directed the clerk to close the motion docket entry.