Dorgan v. First Klass Breakfast, LLC
- Rochon
- 1:20-cv-04253
- U.S. District Court · Southern District of New York
- 3
In Dorgan v. First Klass Breakfast, LLC, Judge Rochon ordered notice and a response opportunity before considering Dorgan’s default-judgment request.
First Klass Breakfast, LLC, which faces a pending request for default judgment, and Ryan Dorgan, who must serve the required materials and await the court’s consideration of his request.
What happened
In Dorgan v. First Klass Breakfast, LLC, Ryan Dorgan alleges that First Klass Breakfast, LLC copied and displayed his copyrighted photograph on its commercial website without permission. Dorgan asks for a default judgment because the company has not answered or otherwise responded.
The court told First Klass Breakfast that it may still respond and that default judgment has not yet been granted. The court scheduled a January 18, 2023 hearing and directed the company to contact the court or file an opposition by January 4, 2023. Dorgan must serve the motion, supporting papers, order, and full docket sheet, and file proof of service.
Judge Jennifer L. Rochon issued the notice and related orders on December 16, 2022. The notice explains that Dorgan seeks $5,000 in statutory damages, costs, and interest, but the court did not decide whether to enter that judgment.
The detailed version
- Dorgan v. First Klass Breakfast, LLC · No. 1:20-cv-04253
- Rochon
- Dec. 16, 2022
Background
Ryan Dorgan sued First Klass Breakfast, LLC. According to the notice, Dorgan alleges that the company copied and displayed his copyrighted photograph without permission on its commercial website. Dorgan seeks damages and has asked the court to enter a default judgment because First Klass Breakfast has not answered or otherwise responded to the allegations.
Dorgan’s request asks the court to conclude that First Klass Breakfast does not oppose the allegations and that Dorgan is entitled to $5,000 in statutory damages, costs, and interest. The notice states that the court had not granted default judgment when it was issued.
Court’s Actions
The court notified First Klass Breakfast that it still had an opportunity to respond. The court scheduled a hearing for January 18, 2023, at 12:00 p.m. Eastern Time, to discuss Dorgan’s motion for default judgment. The court directed First Klass Breakfast to promptly notify the court and allowed it to state whether it had received prior notice of the lawsuit and to present factual or legal objections to Dorgan’s claims. Any contact with the court or opposition was due by January 4, 2023.
The notice also cautioned that a corporation may appear in federal court only through licensed counsel. It explained that continued failure to appear through counsel may lead to entry of a default judgment.
Service Order and Disposition
The court ordered Dorgan to serve First Klass Breakfast, within two business days of filing the order, with the motion for default judgment and supporting papers, the order, and a full docket sheet. Dorgan also had to file proof of service within two business days after service.
Judge Jennifer L. Rochon therefore issued a notice and procedural directions concerning the pending default-judgment motion. The opinion does not state that the court granted or denied that motion, and it does not decide the copyright allegations or the requested damages.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.