Ortega v. Made With Love Wellness, Inc.

Background

The opinion states that Juan Ortega filed the complaint on February 2, 2022. Made With Love Wellness, Inc. was served on February 28, 2022, and proof of service was filed. The defendant had not answered the complaint or otherwise appeared by the date of the order.

Court’s Orders

The court ordered that any motion for default judgment be filed by April 11, 2022, under Judge Furman’s individual rules. The defendant’s opposition, if any, was due April 18, 2022. The court cautioned that a corporation may appear in federal court only through licensed counsel and that a default judgment may be entered against a corporation that repeatedly fails to appear through counsel.

If Ortega filed a motion for default judgment, the court ordered the defendant to appear on May 2, 2022, at 2:00 p.m. and show cause—explain why—the court should not grant default judgment. Ortega also had to file a proposed default-judgment order for the Clerk’s approval by the Thursday before the hearing.

If the defendant appeared, opposed the motion, or requested additional time to respond to the complaint, the scheduled conference would instead be treated as the initial pretrial conference. The parties would then have to follow the procedures in the court’s February 3, 2022, order, including submitting a joint letter and proposed case-management plan.

The court separately ordered Ortega to serve the defendant with this order within one business day and, if filed, the default-judgment motion and supporting papers within one business day after filing. Ortega had to file proof of each service within two business days.

Disposition and Classification

This was a procedural scheduling order. It set deadlines and a show-cause hearing concerning a possible default judgment; it did not grant or deny a default-judgment motion and did not enter default judgment. Judge Jesse M. Furman signed the order.