CreeLED, Inc. v. Individuals, Partnerships, and Unincorporated Associations identified on Schedule A

Filing 169

ORDER denying as moot 157 Motion to Compel; denying as moot 168 Motion to Strike 157 Plaintiff's MOTION to Compel Answers to Interrogatories and Production of Responsive Documents by Defendants Binwo Smart Home, CraBow, Yinghuatiyu and ZStone, 168 MOTION to Strike 100 Answer to Complaint, 99 Answer to Complaint, 102 Answer to Complaint MOTION for an Order Instructing the Clerk to Enter a Default against Defendants Binwo Smart Home, C raBow and Yinghuatiyu ; denying as moot 168 Motion. The Clerk is DIRECTED to enter default against Defendants Binwo Smart Home, CraBow and Yinghuatiyu. Signed by Judge Beth Bloom on 11/13/2023. See attached document for full details. (pc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 0:23-cv-60780-BLOOM/Valle
CREELED, INC.,
v.

Plaintiff,

THE INDIVIDUALS, PARTNERSHIPS AND
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE “A,”
Defendants.

/

ORDER DIRECTING CLERK TO ENTER DEFAULT
AGAINST UNREPRESENTED CORPORATE DEFENDANTS
THIS CAUSE is before the Court upon a sua sponte review of the record. On October 13,
2023, the Court granted Plaintiff CreeLED, Inc.’s (“Plaintiff”) Motion for Order Setting Date for
New Counsel to Appear, ECF No. [149]. ECF No. [150]. Defendants Binwo Smart Home, CraBow
and yinghuatiyu (“Defendants”) are corporate entities. See CraBow’s Rule 7.1 Corporate
Disclosure Statement, ECF No. [52], Yinghuatiyu’s Rule 7.1 Corporate Disclosure Statement,
ECF No. [53], and Binwo Smart Home’s Rule 7.1 Corporate Disclosure Statement, ECF No. [56].
The Court ordered Defendants to find and secure new counsel and for that new counsel to enter an
appearance on or before October 27, 2023. Id. at 1. The Court advised Defendant that failure to
comply with the Order will result in appropriate sanctions, including entry of default. Id. at 2. To
date, no counsel for Defendants has entered an appearance. Neither has counsel for Defendants
nor Defendants requested additional time for counsel for Defendants to make an appearance. As
such, Defendants have failed to “otherwise defend” in this action, so an entry of default is
appropriate. Fed. R. Civ. P. 55(a); see also Nerestant v. ASN Faith Corp., No. 18-22810-CIV, 2018

Case No. 0:23-cv-60780-BLOOM/Valle
WL 11466502, at *1 (S.D. Fla. Dec. 26, 2018) (finding that entry of default by clerk was
appropriate where corporate defendant, who was not represented by counsel, failed to retain
counsel, as required by the district court’s order (citing Compania Interamericana Export-Import,
S.A. v. Compania Dominicana de Aviation, 88 F.3d 948, 950 (11th Cir. 1996) (affirming district
court’s denial of corporate defendant’s motion to set aside an order of default where corporate
defendant failed to retain counsel))).
The filing by Plaintiff of a notice of joint liability of Defendants is also appropriate. See
Gulf Coast Fans, Inc. v. Midwest Elecs. Imp., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984) (holding
that judgment should not be entered against a defaulting defendant if another defendant who is
similarly situated prevails on the merits); see also ECF No. [158] at 9 (denying without prejudice
Plaintiff’s Renewed Motion for Entry of Final Default Judgment given the possibility of
inconsistent judgments in this action).
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Clerk is DIRECTED to enter default against Defendants Binwo Smart
Home, CraBow and yinghuatiyu.
2. Plaintiff is directed to file a Notice of Joint Liability as to Defendants by November
20, 2023.
a. The Notice of Joint Liability must briefly describe the allegations and advise
the Court of the status of the other Defendants’ liability.
b. Once liability is resolved as to all Defendants, Plaintiff may move for the
entry of default final judgment against Defendants, no later than 14 days
thereafter.

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Case No. 0:23-cv-60780-BLOOM/Valle
c. To that end, Plaintiff shall advise the Court of the identity of the Defendants
that have not defaulted by November 20, 2023. For example, counsel for
Defendant Phixtonus, Defendant No. 39 of Schedule A, has entered an
appearance in this action. See ECF Nos. [146], [147].
3.

Plaintiff’s failure to file a Notice of Joint Liability within the specified time will
result in sanctions, including but not limited to, dismissal without prejudice as to
Defendant.

4. Plaintiff’s Motion to Strike the Answers of, and to Default, Defendants Binwo
Smart Home, Crabow, and Yinghuatiyu, ECF No. [168], is DENIED AS MOOT.
5. Plaintiff’s Motion to Compel Defendants, Binwo Smart Home, Crabow,
Yinghuatiyu, and ZStone to Answer Interrogatories and Produce Documents
Responsive to Plaintiff’s Requests for Production, ECF No. [157], is DENIED AS
MOOT.
DONE AND ORDERED in Chambers at Miami, Florida, on November 13, 2023.

Copies to:

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE

Counsel of Record

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