Spinelli v. Boucher
- Ronnie Abrams
- 1:24-cv-02562
- U.S. District Court · Southern District of New York
- 1
In Boehm v. Boucher, Judge Abrams ordered plaintiffs to explain personal jurisdiction over Scott Samach before considering default judgment.
Plaintiffs Scott Boehm, Paul Spinelli, and David Stukla must explain the court’s personal jurisdiction over defendant Scott Samach before the court considers entering default judgment against Samach and Brian Albert Boucher.
What happened
In Boehm, Spinelli, and Stukla v. Boucher, the court had ordered Brian Albert Boucher and Scott Samach to explain why default judgment should not be entered against them.
Before entering default judgment, the court said it must confirm that it has authority over each defendant personally. The court questioned whether it had that authority over Scott Samach because the complaint alleged that he lived in Georgia and offered allegedly infringing pictures through an eBay store without alleging a connection to New York.
Judge Ronnie Abrams ordered the plaintiffs to file a letter by August 6, 2025, explaining why the court has personal jurisdiction over Samach. This order did not decide whether default judgment should be entered.
The detailed version
- Spinelli v. Boucher · No. 1:24-cv-02562
- Ronnie Abrams
- Aug. 4, 2025
Background
On May 29, 2025, the Court ordered Defendants Brian Albert Boucher and Scott Samach to show cause on August 8, 2025, why default judgment should not be entered in favor of Plaintiffs Scott Boehm, Paul Spinelli, and David Stukla.
Jurisdictional issue
The Court explained that before entering default judgment, it must first confirm that it has personal jurisdiction over the defendants. Personal jurisdiction is the court’s authority over a particular defendant. The Court directed Plaintiffs to address that issue as to Scott Samach. The complaint allegedly stated that Samach resides in Georgia, and an exhibit allegedly stated that Samach offered infringing pictures through his eBay store without alleging a connection to New York.
Ruling
The Court ordered Plaintiffs to file a letter no later than August 6, 2025, explaining why the Court has personal jurisdiction over Samach. The order did not enter default judgment and did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.