Marcelo Burlon S.R.L. v. Adidasstore
- Vernon Broderick
- 1:19-cv-11333
- U.S. District Court · Southern District of New York
- 2
In Marcelo Burlon S.R.L. v. Adidasstore, Judge Broderick ordered more briefing and address-investigation details before deciding default judgment.
Marcelo Burlon S.R.L. must provide additional briefing and a detailed declaration about service efforts; the order concerns service on the defendants and does not resolve the underlying claims.
What happened
In Marcelo Burlon S.R.L. v. Adidasstore, the plaintiff submitted a proposed order seeking a default judgment and supporting papers. The order concerns whether the defendants were properly served with the lawsuit.
The court ordered the plaintiff to file supplemental briefing by October 7, 2022, addressing service under the Hague Convention and the Federal Rules of Civil Procedure. The plaintiff also must submit a declaration describing efforts to find physical addresses for each defendant, the addresses identified, how they were investigated, and why service at any address was considered unsuccessful.
This order did not grant or deny the proposed default judgment. Judge Vernon S. Broderick required the additional information before proceeding on the request.
The detailed version
- Marcelo Burlon S.R.L. v. Adidasstore · No. 1:19-cv-11333
- Vernon Broderick
- Sept. 23, 2022
Background
Marcelo Burlon S.R.L. submitted a proposed order to show cause seeking a default judgment, along with supporting papers. The opinion does not describe the underlying claims or explain the defendants’ alleged conduct.
Service-of-Process Issues
The court ordered Marcelo Burlon S.R.L. to file supplemental briefing by October 7, 2022, addressing whether the defendants were properly served under either the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, commonly called the Hague Convention, or the Federal Rules of Civil Procedure.
The court also ordered the plaintiff to file a declaration describing all efforts to discover physical addresses for service on the defendants. The declaration must include, for each defendant, every potential address identified; how each address was identified; efforts to investigate whether each address was accurate; who conducted the investigation and when; and any relevant investigator qualifications. If the plaintiff concluded that service at an address would be unsuccessful, the declaration must explain why.
Disposition
The court issued these supplemental-filing requirements. The order does not state that the proposed default judgment was granted or denied, and it does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.