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S.D.N.Y.Procedural orderFiled Aug. 17, 2022

Smart Study Co., LTD. v. Acuteye-US

Judge
Gregory Woods
Docket
1:21-cv-05860
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Smart Study Co. v. Acuteye-US, Judge Woods ordered the plaintiff to explain by September 1 why the case should not be dismissed.

Who this affects

Smart Study Co., LTD. must explain by September 1, 2022, why the case should not be dismissed; the defendants were not awarded a default judgment because the court found they had not been properly served.

What happened

Smart Study Co., LTD. sued Acuteye-US and other defendants. The opinion states that the court had previously denied Smart Study’s request for a judgment because the defendants had not been properly served.

The court ordered Smart Study to show why the case should not be dismissed. The deadline was September 1, 2022.

Judge Woods issued the order on August 17, 2022. The opinion does not itself dismiss the case or state the outcome of the required explanation.

The detailed version

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

Case
Smart Study Co., LTD. v. Acuteye-US · No. 1:21-cv-05860
Judge
Gregory Woods
Date
Aug. 17, 2022

Background

The court stated that it had denied Smart Study Co., LTD.’s request for default judgment on July 21, 2022, because the defendants had not been properly served. A default judgment is a judgment entered when a defendant fails to respond, but the court did not enter one here.

Order

The court ordered Smart Study Co., LTD. to show cause—meaning to explain—why the case should not be dismissed. The order set September 1, 2022, as the deadline. The opinion does not state that the case was dismissed; it only requires the plaintiff to provide an explanation by that date.

Disposition

The court issued an order requiring the plaintiff to show cause. It did not grant default judgment and did not dismiss the case in this opinion.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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