City Merchandise Inc. v. Tian Tian Trading Inc.
- Vyskocil
- 1:19-cv-09649
- U.S. District Court · Southern District of New York
- 2
In City Merchandise v. Tian Tian Trading, Judge Vyskocil set deadlines for renewed default-judgment papers and a dismissal-related filing.
City Merchandise Inc. must meet the January 17, 2024 filing deadlines. Tian Tian Trading Inc. is the subject of a possible renewed default-judgment motion, while Weiwei Lin is the subject of a possible voluntary dismissal or dismissal for failure to prosecute.
What happened
City Merchandise Inc. sued Tian Tian Trading Inc. and Weiwei Lin. The court had previously denied City Merchandise’s motion for default judgment without prejudice because the defendants had not been properly served with the motion and related papers.
After City Merchandise filed proof that it had served Tian Tian Trading through the New York Secretary of State, the court ordered it to file any renewed request for default judgment against that company by January 17, 2024. The court also required City Merchandise to file either a voluntary dismissal as to Weiwei Lin or a letter explaining why the case should not be dismissed as to Lin for failure to prosecute.
Judge Mary Kay Vyskocil warned that City Merchandise is responsible for moving the case forward and that the case may ultimately be dismissed if its counsel fails to follow court orders and prosecute it.
The detailed version
- City Merchandise Inc. v. Tian Tian Trading Inc. · No. 1:19-cv-09649
- Vyskocil
- Jan. 3, 2024
Background
City Merchandise Inc. sued Tian Tian Trading Inc. (“TTT”) and Weiwei Lin. On August 23, 2023, the Court denied without prejudice City Merchandise’s motion for default judgment against both defendants because City Merchandise had not properly served the motion, supporting papers, and the Court’s hearing-setting order. The Court also denied City Merchandise’s request for permission to serve TTT at the address listed in TTT’s certificate of dissolution.
The Court required City Merchandise to provide legal authority supporting any renewed request for permission to use a particular method of service. It later ordered City Merchandise to explain its service efforts and the status of any renewed request for permission to serve the defendants or renewed motion for default judgment. City Merchandise stated that it intended to serve TTT, a dissolved corporation, through the New York Secretary of State. The Court ordered that service and required proof of service by December 29, 2023. City Merchandise filed an affidavit stating that it had served TTT on December 22, 2023.
Current order
The Court ordered City Merchandise to file any renewed motion for default judgment against TTT by January 17, 2024. A default judgment is a judgment sought against a party who has not defended the case, but the Court did not grant one in this order.
The Court also ordered City Merchandise, by the same date, to file either a stipulation voluntarily dismissing the case as to Weiwei Lin or a letter showing why the case should not be dismissed as to Lin under Rule 41(b) of the Federal Rules of Civil Procedure. The opinion refers to City Merchandise’s reported inability to serve Lin.
Warning and disposition
Judge Mary Kay Vyskocil warned that City Merchandise remains responsible for prosecuting the case. The Court stated that the case may be dismissed because of its counsel’s failure to comply with court orders and prosecute the case. This order set filing requirements and did not decide the merits of City Merchandise’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.