Prepared Food Photos, Inc. v. Trip Restaurant LLC
- Edgardo Ramos
- 1:22-cv-07953
- U.S. District Court · Southern District of New York
- 19
Prepared Food Photos v. Trip Restaurant — Judge Ramos denied Plaintiff’s default-judgment motion without prejudice because it did not follow the Court’s Individual Rules.
Prepared Food Photos, Inc.’s request for default judgment was denied without prejudice, while Trip Restaurant LLC did not receive a default judgment against it at this stage. The copyright claim and requested relief remain undecided in this order.
What happened
In Prepared Food Photos, Inc. v. Trip Restaurant LLC, the plaintiff asked the court to enter a judgment because the defendant had not defended the copyright-infringement case. The motion sought damages and other relief based on the alleged unauthorized use of a photograph.
The court did not decide whether infringement occurred, how much money was owed, or whether an injunction was appropriate. Instead, it denied the motion without prejudice because the plaintiff did not comply with the court’s Individual Rules for requesting default judgment.
Judge Edgardo Ramos stated that any renewed motion must include a proposed order to show cause and an affidavit showing service, as required by the court’s default-judgment procedures. The plaintiff may submit a new motion that follows those requirements.
The detailed version
- Prepared Food Photos, Inc. v. Trip Restaurant LLC · No. 1:22-cv-07953
- Edgardo Ramos
- Jan. 24, 2023
What the plaintiff requested
Prepared Food Photos, Inc., formerly known as Adlife Marketing & Communications Co., Inc., moved for default judgment against Trip Restaurant LLC, doing business as Wellington’s Grill. The attached motion asserted that Trip Restaurant used one of Prepared Food Photos’ photographs on its website and sought a judgment for copyright infringement, $47,952 in statutory damages, costs and attorneys’ fees, prejudgment interest, and a permanent injunction.
The court’s ruling
The court denied the plaintiff’s motion for default judgment without prejudice for failure to comply with the court’s Individual Rules. The order did not enter a default judgment and did not decide the alleged copyright infringement, willfulness, damages, attorneys’ fees, or requested injunction.
Required materials for a renewed motion
The court instructed that, if the plaintiff wishes to seek default judgment again, it must attach a proposed order to show cause and an affidavit of service. The court identified those materials as required by its Default Judgment Procedure and Individual Practices.
Effect of the ruling
Because the motion was denied without prejudice, the plaintiff may submit another default-judgment motion that complies with the stated requirements. The order itself does not resolve the underlying copyright claim.
Read the full 19-page opinion on CourtListener, the free public archive maintained by the Free Law Project.