Alpha Industries, Inc. v. Alpha Clothing Co. LLC
- Katherine Failla
- 1:21-cv-00087
- U.S. District Court · Southern District of New York
- 2
In Alpha Industries v. Alpha Clothing, Judge Failla vacated the defendants’ default certificate and set briefing dates for their venue-transfer motion.
Alpha Industries, Inc., Alpha Clothing Co. LLC, and Ryan Tanner Mueller were affected: the certificate of default against the defendants was vacated, and the plaintiff and defendants received a briefing schedule for the defendants’ venue-transfer motion.
What happened
In Alpha Industries, Inc. v. Alpha Clothing Co. LLC, the clerk entered a certificate of default against Alpha Clothing Co. LLC and Ryan Tanner Mueller on February 26, 2021. No default judgment had been entered, and the defendants later filed submissions, including a motion to transfer the case’s venue, and appeared at a conference.
After considering the parties’ positions and the factors used to decide whether to relieve a party from default, the court directed the clerk to vacate the certificate of default. The opinion says defense counsel was expected to promptly file a notice of appearance.
Judge Katherine Polk Failla also set the schedule for the venue-transfer motion: Alpha Industries’ opposition was due April 16, 2021. The provided opinion text ends before stating the deadline for any defendants’ reply, and it does not decide the venue-transfer motion.
The detailed version
- Alpha Industries, Inc. v. Alpha Clothing Co. LLC · No. 1:21-cv-00087
- Katherine Failla
- Mar. 12, 2021
Background
On February 26, 2021, the clerk entered a Certificate of Default against the defendants at docket entry 19. The court states that no default judgment followed. The defendants later made several docket submissions, including a motion to transfer the venue of the action, and appeared at a conference on March 11, 2021.
Default
After hearing the parties’ positions on whether the default should be granted or vacated, the court considered the factors widely used in the Southern District of New York to decide whether to relieve a party from default. The court directed the Clerk of Court to vacate the Certificate of Default entered in favor of Alpha Industries, Inc. The opinion also states that the court understood defense counsel would promptly file a notice of appearance.
Venue-transfer briefing
The court separately scheduled briefing on the defendants’ motion to transfer venue. Alpha Industries’ opposition brief was due on or before April 16, 2021. The provided text cuts off after stating that any reply from the defendants would be scheduled, so it does not state the reply deadline. The order does not decide the venue-transfer motion.
Disposition
The court vacated the Certificate of Default and set a deadline for the plaintiff’s opposition to the venue-transfer motion. This order does not address the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.