FF Supply, LLC v. BF International Co., Ltd.
- Colleen McMahon
- 1:19-cv-03557
- U.S. District Court · Southern District of New York
- 2
In FF Supply v. BF International, Chief Judge McMahon denied without prejudice a default-judgment motion because required default and service support were missing.
FF Supply, LLC’s motion for default judgment and request for email service were denied or not granted; BF International Co., Ltd. was the defendant concerned by the proposed judgment and service.
What happened
FF Supply, LLC sued BF International Co., Ltd. in a contract case and asked the court to enter judgment because BF International had defaulted. FF Supply also asked to notify BF International about the motion by email instead of using mail or the Hague Convention’s procedures for serving papers abroad.
The court found that FF Supply had not obtained the clerk’s required certificate of default before seeking judgment. The court also found that FF Supply had not adequately supported email service, including whether the email would reach BF International, whether South Korea objected to that method, and whether South Korean law allowed it.
Chief Judge McMahon denied FF Supply’s request for default judgment without prejudice. The court also did not grant permission for email service, leaving open the possibility of a later, properly supported request.
The detailed version
- FF Supply, LLC v. BF International Co., Ltd. · No. 1:19-cv-03557
- Colleen McMahon
- Aug. 24, 2020
Background
FF Supply, LLC, doing business as Zenith Insured Credit, brought a breach-of-contract action against BF International Co., Ltd., which the opinion describes as a corporate entity based in South Korea. FF Supply moved for a default judgment and separately sought permission to serve notice of that motion by email rather than by mail or through the procedures of the Hague Convention on service abroad.
Court’s Analysis
The court held that the default-judgment motion was premature under the Southern District of New York’s rules and the court’s individual practices. Local Rule 55.1 requires a plaintiff seeking default judgment to obtain a certificate of default from the clerk before filing the motion. Although FF Supply had filed a notice of default, the docket showed that it had not obtained the required certificate.
The court also found that FF Supply’s request for alternative service by email lacked sufficient support. Under Federal Rule of Civil Procedure 4(f)(3), the court needed information showing whether email service was available and likely to be received by BF International. The court also needed assurance that South Korea did not object to email service and that South Korean law permitted it. FF Supply’s request did not address those issues.
Disposition
Chief Judge McMahon denied FF Supply’s request for a default judgment without prejudice. The court did not grant the request for permission to serve the motion by email. The opinion therefore leaves the stated requests unresolved for any later filing that satisfies the applicable requirements.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.