D & K (ASIA) Limited v. Innovation Bargains, LLC

Filing 27

ORDER : see attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 3/20/2012. c/ecf (Johnston, Linda) Modified on 3/20/2012 to indicate that a copy has been mail to deft. by Cert. Mail RR #70001670000754357985 (Imrie, Robert).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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D & K (ASIA) LIMITED,
Plaintiff,

ORDER
CV 10-1107 (LDW)(ARL)

-againstINNOVATION BARGAIN, LLC,
Defendant.
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LINDSAY, Magistrate Judge:
On October 24, 2011, defendant’s former counsel was given leave to withdraw and
defendant was given sixty days to retain new counsel. Electronic Order, dated October 24, 2011.
Outgoing counsel was directed to serve a copy of the electronic order on defendant and to file
proof of service with the court. Despite this direction, however, proof of service was not filed
until January 30, 2012. Defendant’s former counsel states he served his client on October 24,
2011. However, the sixty day period has lapsed and there has been no new appearance of
counsel for defendant. As the prior order noted, the defendant, a corporation, must appear by
counsel or risk entry of default against it. See United States ex rel. Mergent Serv. v. Flaherty,
540 F.3d 89, 92 (2d Cir. 2008).
In light of the uncertainty as to whether defendant was apprised of the Court’s October
24, 2011 electronic order, the undersigned will give defendant a final opportunity to appear and
defend this case. A conference has been scheduled for March 29, 2012 at 11:30 a.m. in
courtroom 810 of the federal courthouse in Central Islip, New York. At that time, defendant
must appear by counsel. If no counsel appears for defendant, the undersigned will immediately
recommend that its answer be stricken and a default judgment be entered against it. Plaintiff’s
counsel is directed to serve a copy of this order upon defendant at the entity’s last known address
immediately upon receipt of this order and file proof of such service.

Dated: Central Islip, New York
March 20, 2012

SO ORDERED:

____________/s/__________________
ARLENE ROSARIO LINDSAY
United States Magistrate Judge