Minden Pictures, Inc. v. Sup China, Inc.
- Ho
- 1:23-cv-10312
- U.S. District Court · Southern District of New York
- 2
In Minden Pictures v. Sup China, Judge Ho scheduled proceedings on Minden Pictures’ request for a default judgment but did not decide it.
Minden Pictures, Inc. and Sup China, Inc.; the order primarily imposed filing, service, appearance, and response requirements on both parties.
What happened
Minden Pictures, Inc. asked the court for a default judgment against Sup China, Inc. The court’s order did not decide whether Minden Pictures should receive that judgment.
Judge Ho ordered Sup China to oppose the request by March 19, 2024, and to appear on April 2, 2024, to explain why a default judgment should not be entered. The court warned that a company must appear through a licensed lawyer. Minden Pictures also had to refile its proposed certificate of default and submit a proposed default judgment order.
In Minden Pictures, Inc. v. Sup China, Inc., Judge Dale E. Ho also ordered Minden Pictures to serve Sup China with the order and any previously unserved motion papers. The order set procedures for treating the April conference as an initial pretrial conference if Sup China appeared or opposed the motion.
The detailed version
- Minden Pictures, Inc. v. Sup China, Inc. · No. 1:23-cv-10312
- Ho
- Feb. 29, 2024
Background
On February 20, 2024, Minden Pictures, Inc. filed a motion seeking a default judgment against Sup China, Inc. under Federal Rule of Civil Procedure 55(b)(2) and the court’s local rule. The Clerk’s Office found Minden Pictures’ proposed clerk’s certificate of default deficient.
Court’s Orders
Judge Dale E. Ho ordered Sup China to file any opposition to the default-judgment motion by March 19, 2024. The court also ordered Sup China to appear and explain on April 2, 2024, why a default judgment should not be entered. The court cautioned that a corporation may appear in federal court only through a licensed lawyer and stated that a default judgment may be entered if a corporation repeatedly fails to appear through counsel.
The court ordered Minden Pictures to refile its proposed clerk’s certificate of default and electronically file a proposed default judgment order for the Clerk’s approval by March 22, 2024. If Sup China appeared, opposed the motion, or sought an extension allowing it to respond to the complaint retroactively, the parties were directed to prepare for the April conference as an initial pretrial conference.
The court further ordered Minden Pictures to serve Sup China by overnight courier with the order and any motion papers and supporting materials that had not already been served. The order states that this service was due by March 5, 2024, and that proof of service had to be filed by March 5, 2025.
Disposition
In Minden Pictures, Inc. v. Sup China, Inc., Judge Dale E. Ho did not grant or deny the motion for default judgment in this order. Instead, he set deadlines, ordered Sup China to appear and show cause, required additional filings, and directed service of the relevant papers.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.