GS Holistic v. Pur Vape Inc. d/b/a Pur Vape and Smoke Shop and Moshin Merchant
GS Holistic, LLC v. Pur Vape Inc. d/b/a Pur Vape and Smoke Shop and Moshin Merchant
- John Cronan
- 1:25-cv-04495
- U.S. District Court · Southern District of New York
- 3
In GS Holistic v. Pur Vape, Judge Cronan scheduled a conference and required filings while leaving the default-judgment motion pending.
GS Holistic, LLC, Pur Vape Inc. d/b/a Pur Vape and Smoke Shop, Moshin Merchant, and their counsel.
What happened
GS Holistic, LLC sued Pur Vape Inc. and Moshin Merchant. After the defendants missed deadlines to answer, the court issued certificates of default and GS Holistic moved for a default judgment. The defendants later appeared and answered, but GS Holistic told the court it still wanted a default judgment.
The court ordered the parties’ lawyers to attend a conference on October 9, 2025, to discuss the default-judgment motion and begin planning the case. The court also directed the parties to discuss settlement, exchange information about the case, and submit a joint letter and proposed case-management plan before the conference.
Judge John P. Cronan did not decide the default-judgment motion in this order. Instead, he directed the parties to prepare for the conference, where they must address whether a default judgment should be entered despite the preference for deciding disputes on their merits.
The detailed version
- GS Holistic v. Pur Vape Inc. d/b/a Pur Vape and Smoke Shop and Moshin Merchant · No. 1:25-cv-04495
- John Cronan
- Sept. 4, 2025
Background
GS Holistic, LLC filed the complaint on May 29, 2025. The defendants repeatedly missed deadlines to answer, so the clerk issued certificates of default. GS Holistic moved for a default judgment on August 21, 2025. A default judgment is a judgment requested because a party failed to respond or otherwise defend the case.
The defendants then appeared and answered the complaint on August 25, 2025. GS Holistic later told the court that it continued to seek a default judgment even though the defendants had answered.
Court’s Order
The court ordered counsel for all parties to appear for a conference on October 9, 2025, at 2:00 p.m. The conference will address GS Holistic’s pending motion for a default judgment and serve as an initial pretrial conference under Rule 16 of the Federal Rules of Civil Procedure. Unless the court orders otherwise, the conference will occur by Webex.
The court directed the lawyers to confer before the conference about settlement and other pretrial matters. At least seven days before the conference, the parties must submit a joint letter of no more than five pages addressing the nature of the action and defenses, jurisdiction and venue, pending motions or requests to file motions, past and needed discovery, prior settlement discussions, estimated trial length, and other information that may help resolve the case. The parties must also submit a proposed case-management plan and scheduling order.
If the case is settled or otherwise terminated before the submission deadline, the parties need not submit the joint letter or appear, provided that proof of termination is filed on the docket. The order also states procedures for seeking extensions or adjournments and directs counsel to serve the order and the judge’s individual rules on the other parties’ attorneys, or on the parties personally if counsel information is unavailable.
Disposition and Significance
The order did not grant or deny the motion for a default judgment and did not resolve the underlying claims. Judge John P. Cronan directed the parties to prepare for a conference at which they must address whether a default judgment should be entered, noting the strong preference for resolving disputes on their merits.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.