Tavarez v. Beauniq LLC
- Jesse Furman
- 1:21-cv-09792
- U.S. District Court · Southern District of New York
- 2
In Tavarez v. Beauniq LLC, Judge Furman scheduled default-judgment briefing and a show-cause hearing after Beauniq failed to appear.
Victοriano Tavarez and Beauniq LLC, particularly Beauniq because it had not answered or otherwise appeared and was given deadlines and a possible hearing concerning default judgment.
What happened
In Tavarez v. Beauniq LLC, Victοriano Tavarez filed a complaint, and Beauniq LLC was served but did not answer or otherwise appear. The court therefore set deadlines for a possible request for default judgment.
If Tavarez files that request, it must be filed by February 16, 2022, and Beauniq must file any opposition by February 23, 2022. The court scheduled a March 1, 2022 hearing for Beauniq to explain why default judgment should not be entered, but only if a motion is filed.
The order did not enter default judgment. It also directed Tavarez to serve the order and any default-judgment motion on Beauniq and file proof of service. Judge Jesse M. Furman further stated that an appearance or opposition could cause the hearing to become an initial pretrial conference.
The detailed version
- Tavarez v. Beauniq LLC · No. 1:21-cv-09792
- Jesse Furman
- Feb. 2, 2022
Background
Victοriano Tavarez filed the complaint on November 23, 2021. Beauniq LLC was served on January 6, 2022, and proof of service was filed. As of the order’s date, Beauniq had not answered the complaint or otherwise appeared.
Deadlines and hearing
The court ordered that any motion for default judgment be filed by February 16, 2022, under the court’s individual rules and practices. Beauniq was given until February 23, 2022, to file any opposition.
If Tavarez filed a motion for default judgment, the court ordered Beauniq to appear and explain at a March 1, 2022 hearing why default judgment should not be entered. Tavarez was required to file a proposed default-judgment order electronically by the Thursday before the hearing for the Clerk’s approval.
The court cautioned that a limited liability company may appear in federal court only through licensed counsel and that a company that repeatedly fails to appear through counsel may be subject to default judgment. The opinion does not state that default judgment had already been entered.
If Beauniq appears
If Beauniq appeared, opposed the motion, or requested a retroactive extension of time to respond to the complaint before the hearing, the parties were instructed to treat the hearing as an initial pretrial conference and follow the court’s required pre-conference procedures.
Service requirements and disposition
The court ordered Tavarez to serve Beauniq by overnight courier with the order within one business day. If a default-judgment motion was filed, Tavarez also had to serve the motion and supporting papers within one business day and file proof of service within two business days.
Judge Jesse M. Furman issued an order scheduling briefing and a show-cause hearing. The order did not decide whether default judgment should be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.