Foxmind Canada Enterprises LTD. v. Badouyu Intelligent Iot Technology Co.
Foxmind Canada Enterprises LTD. v. Badouyu Intelligent Iot Technology(Suzhou) Co., Ltd.
- Vernon Broderick
- 1:22-cv-00885
- U.S. District Court · Southern District of New York
- 2
In Foxmind v. Badouyu, Judge Broderick rescheduled a default-judgment hearing and required briefing and proof about service.
Foxmind Canada Enterprises LTD. had to file the service brief, serve the order, and file proof of service. The defendants were given a rescheduled show-cause conference concerning possible entry of a default judgment.
What happened
In Foxmind Canada Enterprises LTD. v. Badouyu Intelligent Iot Technology(Suzhou) Co., Ltd., the court had ordered the defendants to explain why a default judgment should not be entered. The court rescheduled that hearing from August 9 to August 29, 2022.
The court also required Foxmind to file a brief by August 22 addressing whether the defendants were properly served under the Hague Convention or the Federal Rules of Civil Procedure. Foxmind also had to serve the order on the defendants using an approved method and file proof of service by August 22.
Judge Vernon S. Broderick issued the order on August 5, 2022. This order scheduled the conference and required briefing and proof of service; it did not enter a default judgment.
The detailed version
- Foxmind Canada Enterprises LTD. v. Badouyu Intelligent Iot Technology Co. · No. 1:22-cv-00885
- Vernon Broderick
- Aug. 5, 2022
Background
On July 12, 2022, the court ordered the defendants to show cause at a conference why a default judgment should not be entered. This order concerns the scheduling of that conference and the adequacy of service on the defendants.
Court’s Orders
The court rescheduled the show-cause conference from August 9, 2022, to August 29, 2022, at 3:30 p.m. The conference would remain by telephone.
The court ordered Foxmind to file a brief by August 22, 2022, addressing whether the defendants were properly served under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, known as the Hague Convention, or under the Federal Rules of Civil Procedure.
The court also ordered Foxmind to serve a copy of this order on the defendants through any previously approved method of service in the action and to file proof of that service by August 22, 2022.
Disposition and Effect
The court issued scheduling and service-related orders. The opinion does not state that the court entered a default judgment or otherwise decided the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.