Kelly Toys Holdings, LLC. v. Alialialill Store
- Jesse Furman
- 1:21-cv-08434
- U.S. District Court · Southern District of New York
- 2
In Kelly Toys Holdings, LLC. v. Alialialill Store, Judge Nathan ordered service proof and directed Kelly Toys to pursue default judgment or explain why it should not.
Kelly Toys Holdings, LLC. must complete service and take the required next steps; all defendants are affected by the service requirements and the possible request for default judgment.
What happened
In Kelly Toys Holdings, LLC. v. Alialialill Store, the court said it had issued a preliminary injunction against all defendants on November 12, 2021, and required Kelly Toys to serve that order and provide proof of service.
The court also noted that no defendant had filed a notice of appearance or otherwise participated, even though defendants had prior notice of a November 12 telephone hearing. It ordered Kelly Toys, within two weeks, to seek a certificate of default and request default judgment, or file an update explaining why it should not make that request.
Judge Nathan warned that failing to meet the deadlines could lead to dismissal of the plaintiff’s claims for failure to prosecute. The order required service of the order on all defendants and filing affidavits of service by March 2, 2022.
The detailed version
- Kelly Toys Holdings, LLC. v. Alialialill Store · No. 1:21-cv-08434
- Jesse Furman
- Feb. 25, 2022
Background
The court had previously issued a preliminary injunction against all defendants on November 12, 2021. That earlier order required Kelly Toys Holdings, LLC. to serve the order on the defendants. The court also stated that Kelly Toys filed the action on October 6, 2021, and that defendants received advance notice of a telephone hearing held on November 12, 2021.
Court’s directives
The court ordered Kelly Toys to file proof that it had served the preliminary injunction order on the public docket within one week. It separately required Kelly Toys to serve the February 25 order on all defendants and file affidavits of service electronically by March 2, 2022.
Because no defendant had filed a notice of appearance or made any other attempt to participate in the litigation, the court directed Kelly Toys, within two weeks, to seek a certificate of default and move for default judgment against the defendants, or file a status update explaining why it should not move for default judgment. A certificate of default is a formal entry recognizing that a party has not defended the case; default judgment is a judgment requested on that basis.
Warning and disposition
Judge Alison J. Nathan warned that failing to comply with the order on time could result in dismissal of the plaintiff’s claims for failure to prosecute, meaning failure to move the case forward. The opinion is an order directing procedural steps; it does not state that the court entered default judgment or decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.