Off-White LLC v. 6014350

Background

Off-White LLC is the plaintiff, and 6014350 and other defendants are defendants. The order addresses issues connected to Off-White LLC's apparent request for a default judgment, a judgment sought when a defendant has not defended the case. The opinion does not describe the underlying claims.

Issues the Court Identified

The court ordered Off-White LLC to submit a memorandum of law on two issues:

1. Whether a court must make sure it has personal jurisdiction—the legal power to exercise authority over a defendant—when deciding a motion for default judgment against a defendant who has not appeared or defended. The order noted that the U.S. Court of Appeals for the Second Circuit had identified this as an open question.

2. If the court decides to address personal jurisdiction, whether the court has personal jurisdiction over the defaulting defendants in this case. The order pointed to the absence of any non-conclusory allegation in the complaint that a particular defendant shipped merchandise to New York State or entered an agreement with a customer to ship merchandise there. It contrasted decisions in which personal jurisdiction was rejected when defendants merely offered products outside New York for sale in New York with a decision in which jurisdiction was found because New York customers could order goods for delivery from the defendants.

Order

Magistrate Judge Gabriel W. Gorenstein ordered Off-White LLC to file the memorandum by October 23, 2020. He also directed Off-White LLC to serve a copy of the order on the defendants as required by an earlier court order. The opinion did not resolve whether personal jurisdiction is required before entering default judgment, did not decide whether personal jurisdiction exists, and did not grant or deny default judgment.