In The Struggle Productions LLC v. Collins
- Vargas
- 1:24-cv-02776
- U.S. District Court · Southern District of New York
- 2
In The Struggle Productions LLC v. Collins, Judge Vargas scheduled briefing and a hearing on the plaintiff’s request for default judgment against BSB Records, Inc.
In The Struggle Productions LLC and BSB Records, Inc.; the order primarily affects BSB’s response to the default-judgment motion and the plaintiff’s service obligations.
What happened
In The Struggle Productions LLC v. Collins, the plaintiff asked the court to enter a default judgment against BSB Records, Inc. The order did not decide whether that judgment should be entered.
Judge Vargas ordered BSB Records, Inc. to file any opposition by May 19, 2025, and scheduled a hearing for June 11, 2025. The plaintiff must serve BSB with the motion, supporting papers, and order, then file proof of service.
Judge Jeannette A. Vargas also warned that BSB, as a corporation, must appear through a licensed lawyer. If BSB appears or opposes the motion, the hearing may instead proceed as an initial pretrial conference.
The detailed version
- In The Struggle Productions LLC v. Collins · No. 1:24-cv-02776
- Vargas
- Apr. 17, 2025
Background
In The Struggle Productions LLC filed a motion for default judgment against BSB Records, Inc. under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The opinion does not decide the underlying claims or whether default judgment should be entered.
Court’s Order
The court ordered BSB Records, Inc. to file any opposition to the motion by May 19, 2025. It scheduled a hearing for June 11, 2025, at 2:30 p.m., concerning why the court should not grant default judgment against BSB. The plaintiff must electronically file a proposed default judgment order for the clerk’s approval by the Thursday before the hearing.
The court cautioned that a corporation may appear in federal court only through licensed counsel and that default judgment may be entered against a corporation that repeatedly fails to appear through counsel. If BSB appears, opposes the motion, or seeks additional time to respond to the complaint, the parties must follow the court’s pre-conference procedures for an initial pretrial conference.
The court also ordered the plaintiff to serve BSB by overnight courier, within one business day, with the motion, supporting papers, and the order. The plaintiff must file proof of service within two business days after service.
Disposition
Judge Jeannette A. Vargas entered an order scheduling default-judgment briefing and a hearing. The opinion does not state that default judgment was granted or denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.