Lipman v. Gang
- Analisa Torres
- 1:19-cv-07639
- U.S. District Court · Southern District of New York
- 2
In Lipman v. Gang, Judge Aaron ordered Lipman to seek default judgment by a deadline and provide information about service, liability, and personal jurisdiction.
Chen Min Lipman was required to support any default-judgment motion by December 20, 2019; President Zou Gang from Guangzhou Ballet Troupe China was the defendant who had not appeared.
What happened
In Lipman v. Gang, Chen Min Lipman alleged that President Zou Gang from Guangzhou Ballet Troupe China infringed her copyright in the ballet Luo Shen. The defendant had not appeared in the case.
The clerk issued a certificate of default on November 15, 2019. The court ordered Lipman to file any request for a judgment based on the defendant’s failure to appear by December 20, 2019.
Judge Stewart D. Aaron required any such request to explain how and when the defendant was served, why the complaint’s allegations establish liability, and why the court has authority over the defendant. The order did not decide whether copyright infringement occurred.
The detailed version
- Lipman v. Gang · No. 1:19-cv-07639
- Analisa Torres
- Nov. 21, 2019
Background
Chen Min Lipman sued President Zou Gang from Guangzhou Ballet Troupe China, alleging that the defendant infringed her copyright in the ballet Luo Shen. Lipman filed the complaint on August 15, 2019. The defendant had not appeared, and Lipman obtained a Clerk’s Certificate of Default on November 15, 2019.
Order
The court ordered Lipman to file any motion for a default judgment by December 20, 2019. A default judgment is a judgment entered when a defendant fails to appear or otherwise defend the case, but the court required Lipman to support any motion with an affidavit or declaration addressing three matters:
- The basis for entering default judgment, including how and when Lipman served the summons and complaint;
- The legal basis for finding the defendant liable based on the complaint’s allegations; and
- The basis for the court’s personal jurisdiction, meaning its authority to exercise power over the defendant.
The order also encouraged Lipman to continue seeking help from the New York Legal Assistance Group’s legal clinic and directed the Clerk of Court to mail and chambers to email her a copy of the order.
Disposition and Scope
The court set requirements and a deadline for a possible default-judgment motion. The opinion does not enter a default judgment and does not decide whether the defendant infringed Lipman’s copyright. The order was signed by Stewart D. Aaron, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.