Rovio Entertainment Corporation v. Ace Air Art Inflatable Decorations Store

Background

On October 5, 2022, Rovio Entertainment Corporation filed a motion seeking default judgment under Federal Rule of Civil Procedure 55(b)(2) and the Southern District of New York’s Local Civil Rule 55.2(b). A default judgment is a judgment that may be entered when a party has failed to respond or otherwise defend the case.

The court’s individual rules required Rovio to serve the motion and its supporting papers on the party against whom default judgment was sought and to file an affidavit showing that service within 14 days. The court stated that the deadline had passed and Rovio had not filed proof of service on the docket.

Court’s Order

The court ordered Rovio to serve the defendants, in the manner specified in the temporary restraining order, with the default-judgment motion, all supporting papers, and a copy of the order by October 26, 2022. Rovio also had to file proof of service by October 26, 2022.

The court ordered the defendants to file any opposition by November 16, 2022. It cautioned that corporate entities may appear in federal court only through licensed counsel and cited authority stating that default judgment may be entered against an entity that repeatedly fails to appear through counsel.

Judge Jennifer L. Rochon also ordered the defendants to appear and explain on December 15, 2022, why an order granting default judgment should not be issued. The order stated that if a defendant appeared or opposed the motion before that date, the parties had to notify the court promptly; the court could then adjourn the conference or treat it as an initial pretrial conference for that defendant.

Disposition

The opinion is an order setting service, opposition, and appearance requirements. It does not grant or deny Rovio’s motion for default judgment.