Nisbett v. Buffy Inc.

Background

Nisbett filed the complaint on April 12, 2020. Buffy was served on July 29, 2020, and proof of service was filed with the court. The court stated that Buffy had not answered the complaint or otherwise appeared in the action.

Court’s Orders

The court ordered that any motion for default judgment be filed by December 3, 2020, under the court’s individual rules. Buffy was given until December 10, 2020, to oppose that motion. The court cautioned that a corporation may appear in federal court only through licensed counsel and that repeated failure to appear through counsel may lead to entry of default judgment.

If a motion for default judgment was filed, the court ordered Buffy to appear at a December 15, 2020, hearing and show cause—that is, explain—why default judgment should not be entered. Nisbett was required to file a proposed default judgment order for the Clerk’s approval before the hearing.

If Buffy appeared, opposed the motion, or requested an extension of time to respond to the complaint, the court directed the parties to treat the hearing as the initial pretrial conference and follow specified procedures, including submitting a joint letter and proposed case-management plan and participating in early mediation.

The court also ordered Nisbett to serve Buffy with the order within one business day and to serve any default-judgment motion and supporting papers within one business day after filing. Nisbett had to file proof of each service on the docket within two business days.

Disposition

The order scheduled briefing and a possible show-cause hearing; it did not grant or deny default judgment. The court adjourned the initial pretrial conference previously set for October 6, 2020, indefinitely and directed the Clerk to terminate ECF No. 14.