Global Smart Comtrade Pte Ltd. v. Clipper Bulk Shipping Ltd.

Background

Global Smart Comtrade Pte Ltd. asked the Clerk to enter default against Clipper Bulk Shipping Ltd. under Federal Rule of Civil Procedure 55(a). The request relied on the existing record and a declaration from Elliott T. Williams.

The court addressed whether Clipper had received the petition and had a duty to respond after removing the case. The opinion states that Clipper’s Notice of Removal said the petition was served on October 2, 2025. The petition was also emailed to Clipper that day, and Clipper acknowledged receiving it when it removed the case. The court rejected Clipper’s argument that it could ignore the petition or treat it only as a motion.

Court’s Ruling

Under Federal Rule of Civil Procedure 81(c)(2)(A), the court calculated Clipper’s response deadline as October 23, 2025. As a one-time accommodation, the court extended that deadline, retroactively, to December 1, 2025. The court also ordered the parties to confer by November 20, 2025, and propose a schedule for completing briefing on Global Smart’s motion to remand.

Judge Jennifer Rearden denied Global Smart’s application for a Certificate of Default. The court cited the preference for resolving disputes on their merits rather than by default. The Clerk of Court was directed to terminate ECF No. 11. The opinion does not decide the merits of the underlying dispute or the motion to remand.