Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront
- Valerie Caproni
- 1:22-cv-03150
- U.S. District Court · Southern District of New York
- 2
In Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront, Judge Caproni ordered Daka Research to seek a certificate of default after defendants failed to obtain counsel.
Daka Research Inc. must apply for a certificate of default and then a default judgment. Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront remain without counsel and face a possible default judgment.
What happened
In Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront, the defendants’ lawyer was allowed to withdraw. The court ordered the defendant companies to obtain new lawyers by October 7, 2022, explaining that companies cannot represent themselves in federal court.
The defendants missed that deadline. The court then ordered them to explain by October 28 why a default judgment should not be entered, but no lawyer appeared, no extension was requested, and the defendants did not provide the required explanation.
Judge Valerie Caproni ordered Daka Research Inc. to apply for a certificate of default by November 7, 2022. Within 14 days after receiving that certificate, Daka Research must apply for a default judgment under the court’s procedures; the court did not itself enter a default judgment in this order.
The detailed version
- Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront · No. 1:22-cv-03150
- Valerie Caproni
- Oct. 31, 2022
Background
Defendants’ counsel, Adam Urbanczyk, was permitted to withdraw on September 8, 2022. The court ordered Defendants to obtain new counsel and file an appearance by October 7, 2022. The court stated that companies and other artificial entities cannot appear in federal court without a licensed attorney.
Plaintiff served Defendants with the court’s order. Defendants did not meet the deadline. On October 13, 2022, the court ordered Defendants to show cause—meaning to explain—by October 28 why a default judgment should not be entered. Plaintiff served that order as well. No attorney appeared for Defendants, and Defendants did not request more time or otherwise explain why a default judgment should not be entered.
Order
Judge Valerie Caproni ordered Plaintiff to apply for a certificate of default against Defendants by November 7, 2022. A certificate of default is a clerk-issued record that a party failed to defend the case. Within 14 days after receiving the certificate, Plaintiff must apply for a default judgment under the procedures in the judge’s individual practices.
The order directs Plaintiff to make those applications; it does not itself enter a default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.