Dome-A-Nation, LLC v. Blue Sky International, Inc.
- Philip Halpern
- 7:20-cv-05862
- U.S. District Court · Southern District of New York
- 2
In Dome-A-Nation v. Blue Sky, Judge Halpern ordered more evidence before deciding the requested default judgment against the defendants.
Dome-A-Nation, LLC, Blue Sky International, Inc., and Turf Nation, Inc.; the requested default judgment against the corporate defendants was not entered in this order.
What happened
In Dome-A-Nation, LLC v. Blue Sky International, Inc. and Turf Nation, Inc., the plaintiff asked the court to enter a default judgment against both corporate defendants. Blue Sky did not respond, and Turf Nation did not properly respond after receiving extra time to obtain a lawyer.
The court explained that corporations must appear in federal court through licensed attorneys and cannot represent themselves. It warned that failing to appear through counsel could lead to a default judgment.
Judge Halpern did not enter the requested judgment in this order. Instead, he directed the plaintiff to submit evidence about liability and damages, explain why it could recover from Turf Nation without a direct contractual relationship, and serve the order on the defendants.
The detailed version
- Dome-A-Nation, LLC v. Blue Sky International, Inc. · No. 7:20-cv-05862
- Philip Halpern
- Mar. 30, 2021
Background
On December 9, 2020, Dome-A-Nation, LLC moved for a default judgment against Blue Sky International, Inc. and Turf Nation, Inc. A default judgment is a judgment requested against a party that has not properly defended the case. The court issued an order requiring the defendants to explain why such a judgment should not be entered.
Sid O. Nicholls filed a response purportedly for Turf Nation. The court then gave Turf Nation until February 12, 2021, to obtain counsel and submit opposition papers, warning that a corporation may not represent itself in federal court. The court received no response from Blue Sky and no further response properly submitted, or otherwise received, on behalf of Turf Nation.
Court’s Action
The court did not enter default judgment in this order. Instead, it directed Dome-A-Nation to supplement its motion by April 30, 2021, with an affidavit from someone with personal knowledge, the contracts or other agreements at issue, proof of payment of the amounts in dispute, and any other documents needed to establish liability and damages.
The court also directed Dome-A-Nation to explain, with supporting law and documents, why it could recover from Turf Nation even though the opinion states there was no direct contractual relationship, or privity, between them. Any opposition to the supplemental filing was due May 21, 2021. Dome-A-Nation was required to serve the order on the defendants and file proof of service by April 12, 2021.
Effect
The order leaves the requested default judgment unresolved and sets requirements for the plaintiff’s further submission. It also reminds the defendants that they must obtain licensed counsel to oppose the application and that failing to do so may support entry of default judgment under Rule 55 of the Federal Rules of Civil Procedure. Judge Halpern’s order therefore manages the pending default-judgment request rather than deciding the amount or final entitlement to judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.