Grand Cru Liquid Assets, LLC v. Chelsea Wine and Storage, Inc.
- Garnett
- 1:23-cv-10018
- U.S. District Court · Southern District of New York
- 2
In Grand Cru Liquid Assets v. Chelsea Wine, Judge Garnett scheduled briefing and a hearing on Plaintiff’s request for default judgment.
Grand Cru Liquid Assets, LLC and the four named defendants: Chelsea Wine and Storage, Inc., The Chelsea Winery, LTD., Amelia Gancarz, and Michael Gancarz.
What happened
Grand Cru Liquid Assets, LLC asked the court to enter default judgment against Chelsea Wine and Storage, Inc., The Chelsea Winery, LTD., Amelia Gancarz, and Michael Gancarz. The order addressed how the request would proceed, not whether default judgment should be entered.
The defendants were ordered to file any opposition by May 9, 2024, and to appear on May 30, 2024, to explain why default judgment should not be entered. The court warned that corporate defendants may appear only through licensed counsel. If a defendant appeared or opposed the request, the conference could instead serve as the initial pretrial conference.
Judge Margaret M. Garnett also ordered Grand Cru Liquid Assets to serve the defendants with the motion, supporting papers, and the order by April 17, 2024, and to file proof of service within two business days. The order did not grant or deny default judgment.
The detailed version
- Grand Cru Liquid Assets, LLC v. Chelsea Wine and Storage, Inc. · No. 1:23-cv-10018
- Garnett
- Apr. 15, 2024
Background
On April 11, 2024, Grand Cru Liquid Assets, LLC filed a motion seeking default judgment under Federal Rule of Civil Procedure 55(b)(2) and the applicable local rule. The requested judgment was against Chelsea Wine and Storage, Inc., The Chelsea Winery, LTD., Amelia Gancarz, and Michael Gancarz.
Court’s Order
The court ordered the defendants to file any opposition to the motion by May 9, 2024. It also ordered the defendants to appear and explain on May 30, 2024, why the court should not grant default judgment. The hearing was scheduled to occur in person in Courtroom 906 of the Thurgood Marshall Courthouse.
The court cautioned that corporate entities may appear in federal court only through licensed counsel and cited decisions stating that default judgment may be entered against a corporation that repeatedly fails to appear through counsel.
If any defendant appeared, opposed the motion, or requested an extension of time to respond to the complaint, the parties were instructed to prepare for the conference as an initial pretrial conference. The order required the parties to follow the court’s pre-conference procedures, including filing a joint letter and proposed case-management plan during the week before the conference.
Grand Cru Liquid Assets was ordered to serve each defendant with the default-judgment motion, all supporting papers, and the order by April 17, 2024. It was also ordered to file proof of service within two business days after service.
Disposition
Judge Margaret M. Garnett scheduled briefing and a show-cause hearing. This order did not grant or deny the motion for default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.