True Return Systems, LLC v. MakerDAO
- Laura Swain
- 1:22-cv-08478
- U.S. District Court · Southern District of New York
- 2
In True Return Systems v. MakerDAO, Judge Broderick vacated MakerDAO’s default certificate and set briefing deadlines while the case proceeds.
MakerDAO’s Certificate of Default was vacated. Both parties received deadlines for upcoming filings, and the existing case-management schedule was placed on hold.
What happened
True Return Systems, LLC sued MakerDAO. After a telephone conference, the court considered whether to keep a Certificate of Default entered against MakerDAO. MakerDAO’s lawyer had appeared, the case was still in its early stages, and MakerDAO agreed to waive service.
The court vacated the Certificate of Default and directed the Clerk to terminate the open motion at Doc. 26. The court also ordered MakerDAO to tell the court by October 6, 2023, whether it would provide substantive responses to True Return Systems’ disclosure requests under Federal Rule of Civil Procedure 26.
Judge Broderick set deadlines for MakerDAO’s motion to dismiss and for True Return Systems’ motion concerning recovery of costs. The court held the case-management and scheduling order in abeyance because of the upcoming motions. The order did not decide the underlying claims.
The detailed version
- True Return Systems, LLC v. MakerDAO · No. 1:22-cv-08478
- Laura Swain
- Oct. 2, 2023
Background
The court held a telephone conference in the action. A Certificate of Default had been entered at Doc. 25. MakerDAO’s counsel appeared in the case, MakerDAO agreed to waive service, and the litigation was still in its early stages.
Ruling on Default
The court vacated the Certificate of Default. It found that doing so was appropriate because of counsel’s appearance, the early stage of the litigation, and MakerDAO’s agreement to waive service. The court also relied on the Second Circuit’s strong preference for resolving disputes on their merits and the principle that doubts about vacating a default should be resolved in favor of the defaulting party. The Clerk of Court was directed to terminate the open motion at Doc. 26.
Further Proceedings
The court ordered MakerDAO to file a letter by October 6, 2023, stating whether it would submit substantive responses to True Return Systems’ disclosure requests under Federal Rule of Civil Procedure 26. MakerDAO’s opening brief supporting its motion to dismiss was due November 6, 2023; True Return Systems’ opposition was due December 6, 2023; and MakerDAO’s reply was due December 20, 2023.
True Return Systems’ motion and opening brief concerning recoupment of costs were also due November 6, 2023. MakerDAO’s opposition was due December 6, 2023, and True Return Systems’ reply was due December 20, 2023. The Case Management Plan and Scheduling Order was held in abeyance because of the future motions. This order did not decide the merits of the parties’ underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.