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S.D.N.Y.Procedural orderFiled June 17, 2021

CBI Capital LLC v. Mullen

Judge
Analisa Torres
Docket
1:19-cv-05219
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureSummary Judgment
In one sentence

In CBI Capital LLC v. Mullen, Judge Torres dismissed CBI’s summary-judgment motion without prejudice as moot after entering default judgment.

Who this affects

CBI Capital LLC’s summary-judgment motion was dismissed without prejudice as moot after the court entered a default judgment; the opinion does not describe the terms of that judgment.

What happened

CBI Capital LLC had filed a motion for summary judgment in its case against Mike Mullen and Mike Mullen Energy Equipment Resource, Inc.

The court said a default judgment had been entered on June 17, 2021. Because of that judgment, the summary-judgment motion was no longer a live issue.

Judge Analisa Torres dismissed the motion without prejudice as moot and directed the clerk to terminate it from the docket. The order did not provide further details about the default judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
CBI Capital LLC v. Mullen · No. 1:19-cv-05219
Judge
Analisa Torres
Date
June 17, 2021

Background

CBI Capital LLC, identified in the caption as the plaintiff and a counterclaim defendant, filed a motion for summary judgment. The caption also lists Mike Mullen and Mike Mullen Energy Equipment Resource, Inc. as defendants and counterclaim plaintiffs, and identifies Mike Mullen Energy Equipment Resource, Inc. as a third-party plaintiff against Evan Claar.

Ruling

The court stated that it had entered a default judgment on June 17, 2021. A default judgment is a judgment entered after a party’s default; the opinion does not provide additional details about that judgment. In light of the default judgment, the court dismissed CBI’s summary-judgment motion without prejudice as moot. In this context, the court treated the motion as no longer requiring a ruling.

Disposition

Judge Analisa Torres directed the Clerk of Court to terminate the motion at ECF No. 104. The order did not decide the underlying issues raised in the summary-judgment motion.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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